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U.  J.  DEPARTMENT  OF  LABOR 

NATIONAL  WAR  LABOR  BOARD 

WASHINGTON 


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REPORT 

OF  THE 

SECRETARY  OF  THE 


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NATIONAL  WAR  LABOR  BOARD 


TO  THE 


SECRETARY  OF  LABOR 


FOR  THE  TWELVE  MONTHS  ENDING 
MAY  31, 1919 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1920 


DOCUMENTS 
DEPT. 


U.   S.  DEPARTMENT   OF  LABOR 
5  NATIONAL  WAR  LABOR  BOARD 
WASHINGTON 


REPORT 

OF  THE 

SECRETARY  OF  THE 

NATIONAL  WAR  LABOR  BOARD 

TO  THE 

SECRETARY  OF  LABOR 


FOR  THE  TWELVE  MONTHS  ENDING 
MAY  31, 1919 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 

1920 


STtTc  3 


NATIONAL  WAR  LABOR  BOARD, 


WILLIAM  II.  TAFT  BASIL  M.  MANLY 

JOINT     CHAIRMEN 

FREDERICK  N.  JUDSON         WM.  HARMAN  BLACK 

VICE  CHAIBMEN 

W.   JETT  LAUCK,.SEC'iiET.\[jY 

Representing  Employers  Representing  Labor 

LOYALL  A.  OSBORNE.  FRANK  J.  HAYES. 

P.  F.  SULLIVAN,  ALTERNATE.  ADAM  WILKINSON, 

C.  E.  MICHAEL.  W.   L.    HUTCHESON. 

J.  W.  MARSH,  ALTERNATE.  T.  M.  GUERIN.  AI/THRNATB. 

W.  H.  VAN  DERVOORT.  WM.  H.  JOHNSTON. 

II.  H.  RICE.  ALTER XATK.  FRED  HEWITT.  ALTERNATE.. 

HAROLD  O.   SMITH.  VICTOR  A.  OLANDER. 

MATTHEW  WOLL,   AI.TKRNATH 
JOHN  F.  PERKINS.  T.  A.  RICKERT. 

GR AN VILLE  E.  FOSS,  ALTEUNATB.  JOHN  J.  MANNING,  ALTEUXATK. 


The  powers,  functions,  and  duties  of  the  National  War  Labor 
Board  shall  be  to  settle  by  mediation  and  conciliation  controversies 
arising  between  employers  and  workers  in  fields  of  production  neces- 
sary for  the  effective  conduct  of  the  war,  or  in  other  fields  of  national 
activity,  delays  and  obstructions  in  which  might,  in  the  opinion  of  the 
National  Board,  affect  detrimentally  such  production;  to  provide, 
by  direct  appointment,  or  otherwise,  for  committees  or  boards  to  sit 
in  various  parts  of  the  country  where  controversies  arise  and  secure 
settlement  by  local  mediation  and  conciliation;  and  to  summon  the 
parties  to  controversies  for  hearing  and  action  by  the  National  Board 
in  event  of  failure  to  secure  settlement  by  mediation  and  conciliation. 

The  principles  to  be  observed  and  the  methods  to  be  followed  by 
the  National  Board  in  exercising  such  powers  and  functions  and 
performing  such  duties  shall  be  those  specified  in  the  said  report  of 
the  War  Labor  Conference  Board  dated  March  29,  1918. — From  the 
proclamation  by  the  President  of  the  United  /States  creating  the 
National  War  Labor  Board. 


LETTER  OF  TRANSMITTAL. 


WASHINGTON,  D.  C.,  June  3,  1910. 

SIRS:  I  am  transmitting  herewith  my  report  as  secretary  of  the 
National  War  Labor  Board  for  the  year  ended  May  31,  1919. 
Very  truly,  yours, 

W.  JETT  LATTCK, 

Secretory. 
Hon.  WM.  H.TAPT, 
Hon.  BASIL  M.  MANLY, 

Joint  Chairmen. 
NATIONAL  WAR  LABOR  BOARD, 

Washington,  D.  C. 

3 


REPORT  OF  THE  SECRETARY  OF  THE  NATIONAL  WAR  LABOR 
BOARD  FOR  THE  12  MONTHS  ENDED  MAY  31, 1919. 


The  National  War  Labor  Board  was  created  as  part  of  the  war 
machinery  of  the  country  and  it  is  passing  out  of  existence  as  the 
n.eed  for  war  machinery  is  passing.  Its  existence  has  covered  a  term 
of  barely  13  months,  only  one-half  of  which  was  a  period  of  active 
hostilities.  The  War  Labor  Board  served  as  a  means  of  adjusting 
labor  disputes  without  stopping  production  of  things  essential  to 
the  conduct  of  the  war,  as  a  condition  under  which  the  board 
accepted  cases  wras  that  work  should  continue  without  interruption 
while  the  case  was  being  considered  by  the  board. 

DISPOSITION  OF  CASES. 

From  April  30,  1918,  to  May  31,  1919,  the  date  of  this 
report,  the  board  has  received  1,270  cases,  25  of  which  were 
consolidated  with  other  cases,  leaving  1,245  separate  controver- 
sies which  had  to  be  passed  upon  by  the  board.  Of  these 
1,245  cases,  706  (57  per  cent)  have  been  referred  to  other 
agencies  having  primary  jurisdiction  or  have  been  dismissed 
because  of  voluntary  settlement,  lack  of  jurisdiction,  or  for 
other  reasons;  77  (6  per  cent)  are  pending  or  remain  on  the  docket 
as  undisposed  of  because  of  divided  vote  or  suspension ;  while  in  the 
remaining  462  cases  (37  per  cent)  awards  or  findings  have  been 
handed  down.  In  addition  the  board  made  58  supplementary  de- 
cisions in  cases  where  action  had  already  been  taken,  making  a  total 
of  520  formal  awards  or  findings.  This  record  within  a  period  of 
less  than  13  months  is  one  which  unquestionably  has  never  been  ap- 
proached by  any  similar  agency  in  the  history  'of  industry. 

An  analysis  of  the  disposition  of  the  1,245  cases  referred  to  is 
given  in  the  following  table : 

Statement  showing  disposition  of  cases  before  the  National  War  Labor  Board 

to  May  31,  1919. 

Complaints  received : 

Joint    submissions 193 

Ex    parte ... 1,052 


Total__  _  1,245 


6  r^PciiT  S,:;<T.!:TA!'.Y  NATIONAL  WAR  LABOR  BOARD. 

* 

Disposition  cf  c-t»*o: 

Awrird:!  ami  finding.-;  nindo 1 *  462 

Dismissed ^ :S!M 

Referred !>_ :Ufi 

Pending 23 

Remaining  on  docket  because  hoard  unable  to  agree 2  53 

Suspended 1 


Total 1.245 

-  As  to  the  315  cases  which  were  received  by  the  board  and  referred 
to  other  boards  and  agencies  having  original  jurisdiction,  the  follow- 
ing table  shows  the  number  referred  to  each  specified  agency : 

X  umber  of  cases  referred  to  each  xpeeified  ugcncij. 

Department  of  Labor,  Division  of  Conciliation __                                       1G4 

Department  of  Labor,  Employment  Service 1 

Railroad  Administration,  Division  of  Labor 13 

Navy  Department G 

Treasury  Department 1 

Post  Office  Department 

Emergency  Fleet  Corporation,  Industrial  Relations  Division 

Emergency  Fleet  Corporation,  Labor  Adjustment  Board 6 

War  Industries  Board '*• 

War  Labor  Policies  Board 1 

Fuel   Administration G 

Federal  Oil  Inspection  Board 

War  Department,  various 

War  Department,  Quartermaster  General 

Army  Ordnance,  Industrial  Relations  Section 20 

Signal  Corps  and  Aircraft  Production  Boavd 20 

Board  members 10 

Officers  of  international  unions K) 

Total 313 

It  will  be  seen  from  the  foregoing  analysis  that  more  than  one-half 
of  the  complaints  referred  were  sent  to  the  Division  of  Conciliation 
of  the  Department  of  Labor  with  the  object  in  view  of  having  the 
differences  adjusted,  if  possible,  without  recourse  to  formal  proceed- 
ings before  the  board. 

Of  the  cases  removed  from  the  docket  of  the  board  without  action 
by  formal  award  or  finding,  the  greater  number  were  dismissed 
without  prejudice  because  of  lack  of  prosecution  or  because  the 
board  was  advised  that  the  parties  involved  had  entered  into  a  formal 
agreement  and  no  further  action  by  the  board  was  necessary.  The 
following  table  shows  in  detail  the  number  of  cases  removed  for  each 
reason  specified: 

Cases  removed  from  docket  for  reasons  specified. 

Lack  of  jurisdiction 03 

Lack   of   agreement 11 

Lack  of  prosecution 159 

Voluntary  settlement  between  parties 116 

Withdrawal 12 

Total -  391 

1  Not  including  58  supplementary  awards,   etc.,   in  cases  in  which  action   had  already 
been  taken. 

2  These  53  cases  represent  actually  only  3  case-groups,  as  one  of  the  case-groups  involves 
51  docket  numbers. 


REPORT  SECRETARY  'NATIONAL' WAR  LABOR  BOARD. 


It  should  be  noted  that  cases  removed  from  the  docket  required  in 
many  instances  as  careful  consideration  by  the  board  or  its  staff  as 
those  cases  in  which  formal  awards  or  findings  were  made. 

ANALYSIS  OF  THE  WORK  OF  THE  BOARD  BY  MONTHS, 
MAY,  1918,  TO  MAY,  1919. 

An  interesting  insight  into  the  volume  of  work  which  might  have 
been  developed  by  the  board  had  not  the  armistice  been  signed  is  set 
forth  in  the  following  table,  which  furnishes  a  review  of  the  work  of 
the  board  by  months  during  the  13  months  ending  with  May  31,  1919 : 


Mouth. 

Cases  placed  on  docket. 

Awards  and  findings  made. 

Joint 
submis- 
sions. 

Ex 

parte. 

Total. 

Indus- 
trial. 

Public 

utilities. 

Total. 

Supple- 
mentary 
actions. 

Total 
actions. 

May  to  July  
August.  . 

38 
29 
39 
18 
24 
13 
9 
3 
15 
1 
4 

203 
96 
180 
133 
251 
55 
78 
70 
1 
4 
1 

246 
125 
219 
151 
275 
68 
87 
73 
16 
5 
5 

13 
4 
8 
14 
17 
17 
43 
35 
114 
79 
15 

21 

34 
4 
8 
26 
38 
25 
55 
47 
121 
88 
16 

34 
4 
10 
29 
41 
34 
65 
53 
132 
99 
19 

September  .  .  . 

i 

3 
3 
9 
10 
6 
11 
11 
3 

October  

12 
21 
8 
12 
12 
7 
9 
1 

November 

December.  . 

January.  . 

February  .  .  . 

March.... 

April.  . 

May..,. 

Total  

193 

a  1,077 

a  1,270 

359 

103 

402 

58 

520 

a  Including  25  docket  numbers  consolidated. 

The  rapid  expansion  of  the  work  of  the  board  during  the  period 
of  actual  hostilities  is  at  once  apparent  from  an  examination  of  the 
foregoing  table.  At  the  time  of  the  signing  of  the  armistice  the 
board  had  acted  on  455  cases  but  had  made  only  about  72  formal 
awards  and  findings,  due  to  the  fact  that  special  attention  had  been 
given  to  important  cases  involving  the  production  of  large  quantities 
of  munitions,  ordnance,  and  essential  war  materials.  After  the 
signing  of  the  armistice  a  resolution  of  the  board  provided  that  no 
new  cases  except  joint  submissions  would  be  received  by  the  board 
after  December  5,  1918.  Altogether  there  have  been  received  during 
the  six  months  since  the  armistice  only  423  new  cases,  as  compared 
with  847  cases  entered  on  the  docket  during  the  six  months  prior 
to  the  armistice.  During  the  six  months  period  since  the  armistice 
the  board  has  acted  on  the  375  cases  which  were  pending  when  the 
armistice  was  signed  as  well  as  approximately  400  new  cases  which 
have  been  docketed. 

CHANGES  IN  PERSONNEL  OF  THE  BOARD. 

The  membership  of  the  National  War  Labor  Board  as  constituted 
at  the  time  of  its  appointment  was  as  follows  : 

William  Howard  Taft,  joint  chairman  and  public  representative  of 
the  employers. 

Frank  P.  Walsh,  of  Kansas  City,  Mo.,  joint  chairman  and  public 
representative  of  employees. 


8        REPORT  SECRETARY  NATIONAL  AVAR  LABOR  BOARD. 

For  employers : 

L.  F.  Loree,  of  the  Delaware  &  Hudson  Railroad  Co. 

W.  H.  Van  Dervoort,  of  the  Root  &  Van  Dervoort  Engineering 
Co.,  of  East  Mqline,  111. 

C.  Edwin  Michael,  of  the  Virginia  Bridge  &  Iron  Co.,  Roanoke, 
Va. 

Loyall  A.  Osborne,  of  the  Westinghouse  Electric  &  Manufac- 
turing Co. 

B.  L.  Worden,  of  the  Submarine  Boat  Corporation,  Newark,  N.  J. 
For  employees : 

Frank  J.  Hayes,  of  the  United  Mine  Workers  of  America. 

Wm.  L.  Hutcheson,  of  the  United  Brotherhood  of  Carpenters  and 
Joiners. 

Wm.  H.  Johnston,  of  the  International  Association  of  Machinists, 

Victor  Olander,  of  the  International  Seamen's  Union  of  America, 

Thomas  A.  Rickert,  of  the  United  Garment  Workers. 

These  appointments  of  the  Secretary  of  Labor  were  approved  and 
affirmed  by  the  President  of  the  United  States  by  a  proclamation 
issued  April  8,  1918. 

The  following  appointments  and  changes  in  personnel  have  taken 
place : 

W.  Jett  Lauck,  economist,  of  Chevy  Chase,  Md.,  to  be  permanent 
secretary,  May  9,  1918. 

Thomas  J.  Savage,  of  the  International  Association  of  Machinists, 
to  be  alternate  for  Mr.  Johnston. 

T.  M.  Guerin,  of  the  United  Brotherhood  of  Carpenters  and 
Joiners,  to  be  alternate  for  Mr.  Hutcheson,  May  13,  1918. 

F.  C.  Hood,  of  the  Hood  Rubber  Co.,  Watertown,  Mass.,  to  be 
alternate  for  Mr.  Loree,  May  17,  1918. 

C.  A.  Crocker,  of  the  Crocker-McElwain  Co.,  Holyoke,  Mass.,  to 
be  alternate  for  Mr.  Worden,  June  1,  1918. 

F.  C.  Hood,  alternate  for  Mr.  Loree,  to  become  principal  on  the 
resignation  of  Mr.  Loree,  June  1,  1918. 

John  F.  Perkins,  of  the  Calumet-Hecla  Copper  Co.,  to  be  alter- 
nate for  Mr.  Osborne,  June  1,  1918. 

Frederick  N.  Judson,  lawyer,  of  St.  Louis,  Mo.,  to  be  vice  chairman 
and  alternate  for  Mr.  Taft,  June  18,  1918. 

John  F.  Perkins,  alternate  for  Mr.  Osborne,  to  be  alternate  for  Mr. 
Hood,  June  27, 1918. 

H.  H.  Rice,  of  the  General  Motors  Corp.,  Detroit,  Mich.,  to  be  al- 
ternate for  Mr.  Van  Dervoort,  July  1,  1918. 

Wm.  Harman  Black,  lawyer,  of  New  York  City,  to  be  vice  chair- 
man and  alternate  for  Mr.  Walsh,  July  20,  1918. 

Matthew  Woll,  of  the  International  Photo-Engravers'  Union,  to  be 
alternate  for  Mr.  Olander,  July  24,  1918. 

John  J.  Manning,  of  the  United  Garment  Workers,  to  be  alternate 
for  Mr.  Rickert,  July  24,  1918. 

J.  W.  Marsh,  of  the  Westinghouse  Electric  &  Manufacturing  Co., 
to  be  alternate  for  Mr.  Michael,  September  1,  1918. 

On  October  9,  1918,  the  board  was  notified  of  the  death  of  Thomas 
J.  Savage,  and  Fred  Hewitt,  of  the  International  Association  of 
Machinists,  was  designated  alternate  for  Mr.  Johnston,  October  22, 
1918. 


REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  9 

F.  C.  Hood  resigned  as  member  of  the  board  on  November  19,  1918. 

P.  F.  Sullivan,  of  the  Bay  State  Street  Railway  Co.,  of  Massachu- 
setts, to  be  alternate  for  Mr.  Osborne,  December  3,  1918. 

Frank  P.  Walsh,  joint  chairman,  resigned  as  a  member  of  the 
board  on  December  3, 1918. 

Win.  Harmnn  Black,  vice  chairman  and  alternate  for  Mr.  Walsh, 
resigned  as  a  member  of  the  board  on  December  3,  1918. 

Basil  M.  Manly,  journalist,  of  Washington,  D.  C.,  to  be  joint 
chairman,  to  fill  the  vacancy  caused  by  the  resignation  of  Mr.  Walsh, 
December  4,  1918. 

Wm.  Harman  Black,  to  be  vice  chairman  and  alternate  for  Mr. 
Manly,  December  4,  1918. 

John  F.  Perkins,  alternate  for  Mr.  Hood,  to  be  a  principal,  to  fill 
the  vacancy  caused  by  the  resignation  of  Mr.  Hood,  December  4, 
1918. 

B.  L.  Worden  resigned  as  a  member  of  the  board  on  December  9, 
1918. 

C.  A.  Crocker,  alternate  for  Mr.  Worden,  to  be  a  principal,  to  fill 
the  vacancy  caused  by  the  resignation  of  Mr.  Worden,  December  11, 
1918. 

Harold  O.  Smith,  of  the  J.  and  D.  Tire  Co.,  Charlotte,  N.  C.,  to  be 
alternate  for  Mr.  Crocker,  January  17,  1919. 

Granville  E.  Foss,  of  the  Brightwood  Manufacturing  Co.,  North 
Andover,  Mass.,  to  be  alternate  for  Mr.  Perkins,  February  11,  1919. 

C.  A.  Crocker  resigned  as  a  member  of  the  board  on  February  24, 
1919. 

Principal  members  and  alternates  appointed  subsequent  to  the  cre- 
ation of  the  board  were  nominated  and  appointed  in  the  same  manner 
as  were  the  original  members,  the  date  given  above  being  the  date  of 
appointment  or  of  entering  upon  duty. 

EXECUTIVE  SESSIONS  OF  THE  BOARD. 

During  the  summer  of  1918  and  up  to  the  time  of  the  signing  of 
the  armistice  in  November  of  the  same  year,  an  executive  session 
of  the  full  board  or  its  standing  committee  was  held  each  week.  The 
usual  practice  was  for  the  standing  committee  to  meet  one  wreek 
and  the  full  board  the  following  week,  although  the  pressure  of  work 
at  times  was  so  great  as  to  require  the  full  board  to  remain  in  session 
continuously  for  a  longer  period  than  a  week.  Altogether  104  days 
were  devoted  to  executive  meetings  by  the  board  during  the  year. 
This  does  not  include  the  considerable  periods  which  the  board  spent 
in  conducting  public  hearings.  As  almost  all  the  members  had  other 
important  duties  to  perform,  the  policy  was  adopted  of  each  member 
appointing  an  alternate  to  represent  him  when  his  presence  was  re- 
quired elsewhere,  so  that  the  adjustment  of  important  matters  be- 
fore the  board  might  not  be  delayed. 

SCOPE  OF  BOARD'S  AWARDS. 

A  careful  tabulation  of  the  data  in  the  files  shows  that  up  to 
May  22  the  awards  and  findings  of  the  board  (excluding  11  for  which 
^  information  is  lacking)    directly  affected  1.084  establishments 


10  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

employing  669,496  persons,  of  whom  80,271  were  employees  of  street 
railways.  These  numbers,  it  is  to  be  emphasized,  include  only  those 
persons  who  were  specified  directly  in  the  terms  of  the  decisions. 
In  very  many  cases  the  decision  was  applied  in  practice  to  other 
employees  of  a  plant  than  those  in  whose  names  the  controversy  was 
filed. 

Of  still  more  importance  is  the  fact  that  very  frequently  a 
decision  in  regard  to  one  company  was  accepted  by  other  companies 
similarly  situated.  The  information  on  this  point  is  very  limited, 
but  it  is  known  that  in  very  many  instances  controversies  were  settled 
voluntarily  or  by  other  adjustment  agencies  on  the  lines  laid  down  by 
existing  decisions  of  the  board.  Thus  it  is  known  that  the  decision 
of  the  board  in  the  Bridgeport  case  was  accepted  and  applied  in 
the  plants  of  the  Remington  Arms  Co.  in  other  places;  and  that 
the  street  railway  decisions  have  been  the  basis  of  voluntary  adjust- 
ment in  Philadelphia,  Washington,  and  many  other  cities. 

Indeed  the  "principles"  of  the  National  War  Labor  Board  as 
laid  down  by  the  Conference  Board  and  as  interpreted  by  the  War 
Labor  Board  had  a  vastly  wider  influence  and  acceptance  than  in- 
dicated by  any  mere  numerical  statement  of  the  persons  directly 
affected  by  the  decisions  of  the  board.  Other  governmental  adjust- 
ment agencies — such  as  the  Industrial  Service  Section  of  the  Ord- 
nance and  other  branches  of  the  War  Department,  as  well  as  the 
labor  adjustment  divisions  and  boards  of  other  procurement  di- 
visions of  the  Government — have  used  these  principles  and  precedents 
as  a  manual  in  their  own  adjustment  work.  Moreover,  the  concilia- 
tors of  the  Department  of  Labor,  whose  work  during  the  war  has 
been  of  far-reaching  importance,  averted  many  difficulties  by^  citing 
the  principles  and  precedents  of  the  board  to  the  parties  in  con- 
troversy and  working  out  an  adjustment  thereunder. 

JOf  special  interest,  also,  is  the  large  number  of  strikes  and  lock- 
its  averted  or  called  off  as  a  direct  result  of  the  board's  interven- 
on.    The  exact  number  is  unknown,  but  the  records  show  at  least 
$8  instances  of  this  character. 
\  Y.  W*x. 

MT*'         \  '      AnktTV^^- 

ORIGIN  OF  CASES. 

The  proclamation  of  the  President  creating  the  National  War 
Labor  Board  conferred  upon  it  jurisdiction  in  all  controversies  ':  in 
fields  of  production  necessary  for  the  effective  conduct  of  the  war, 
or  in  other  fields  of  national  activity,  delays  and  obstructions  in 
which  might,  in  the  opinion  of  the  National  Board,  affect  detri- 
^mentally  such  production." 

The  jurisdiction,  as  regards  subject  matter,  thus  conferred  upon 
the  board  was  extremely  broad,  inasmuch  as  in  the  reorganization  of 
industry  on  a  war  basis  there  existed  very  few  business  activities 
which  did  not  affect,  directly  or  indirectly,  the  effective  conduct 
of  the  war.  This  is  indicated  by  the  fact  that  the  board  dismissed 
fewer  than  50  complaints  on  the  ground  that  war  production  was 
not  involved. 

In  practice,  however,  the  jurisdiction  of  the  board  was  greatly 
and  desirably  limited  by  the  further  provision  of  the  proclamation 
that  the  board  should  refuse  to  take  cognizance  of  a  controversy  "  in 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  11 

any  field  of  industrial  or  other  activity  where  there  is  by  agreement 
or  Federal  law  a  means  of  settlement  which  has  not  been  invoked." 

This  provision  excluded  from  the  consideration  of  the  board,  ex- 
cept by  way  of  appeal,  large  groups  of  cases  where  the  parties  con- 
cerned had  provided  by  voluntary  agreement  for  other  means  of 
arbitration  or  where  Federal  law  had  provided  other  arbitration 
agencies.  Thus  the  vast  shipbuilding  industry  had  set  up  by  agree- 
ment its  own  Labor  Adjustment  Board;  the  Ordnance  Department 
and  other  producing  departments  of  the  Government  had  provided 
special  industrial  service  sections  to  consider  the  complaints  of  their 
employees;  and  the  coal  mining  industry  had  its  labor  conditions 
controlled  by  agreement  of  all  parties  with  the  Fuel  Administration. 
jfn  this  way,  in  a  number  of  the  most  important  industries,  means 
of  adjustment  of  disputes  had  been  arranged  for,  and  controversies 
therein  could  reach  the  board  only  on  appeal.  The  procedure  of  the 
board  provided,  moreover,  that  appeals  would  be  heard  only  on  the 
ground  that  the  principles  of  the  President's  proclamation  had  been 
violated,  or  that  either  party  to  an  award  had  violated  it,  or  to  de- 
termine questions  of  jurisdiction  as  between  Government  boards.  In 
no  case  was  an  appeal  permissible  on  question  of  fact. 

The  cases  which  came  to  the  board  on  appeal  from  decisions  of 
other  boards  were  very  few.  Perhaps  the  most  important  of  these 
was  the  New  York  Harbor  case,  which  came  up  on  appeal  from  the 
New  York  Harbor  Wage  Adjustment  Board. 

A  very  large  number  of  cases,  however,  came  to  the  board  by 
wray  of  reference  from  conciliation  agencies — such  as  the  Depart- 
ment of  Labor — which  had  been  unable  to  adjust  the  matters  in  con- 
troversy. Thus  of  the  462  cases  in  which  the  board  made  awards 
and  findings  almost  exactly  one-third  came  by  way  of  reference 
from  other  agencies  and  two-thirds  by  way  of  direct  complaint  to  the 
board.  Most  of  the  cases  coming  by  reference  were  from  the  Depart- 
ment of  Labor,  but  some  of  the  most  important  were  referred  by 
the  War  and  Navy  Departments  and  had  been  previously  handled  by 
the  Industrial  Service  Sections  of  these  departments.  Such  were 
the  St.  Louis  cases,  the  Bridgeport  cases,  the  Worthington  Pump  case, 
the  Smith  &  Wesson  case,  and  the  Newark,  N.  J.,  machinists'  cases. 

It  is  also  of  interest  to  note  that  of  the  complaints  brought  di-/ 
rectly  to  the  National  War  Labor  Board  about  12  per  cent  were  made 
by  employers  or  employers'  associations;  the  remainder  were  made 
either  by  groups  of  employees  or,  in  the  case  of  union  shops,  by  their 
union  representatives. 

EXECUTION  OF  AWARDS. 

The  board  was  given  no  legal  authority  to  enforce  its  decisions. 
In  cases  of  joint  submission  the  parties  had,  of  course,  the  right  of 
legal  redress  as  in  all  cases  of  violation  of  contract.  Otherwise  the 
execution  of  the  board's  decisions  depended  on  the  support  of  pub- 
lic opinion,  the  support  of  other  governmental  agencies,  and  the 
obligation  laid  upon  employers  and  employees  by  their  chosen  rep- 
resentatives in  the  formation  of  the  board  and  the  drafting  of  its 
principles. 

Particularly  during  the  period  of  active  hostilities  the  powers  of 
the  procurement  departments  of  the  Government — such  as  the  War 
and  Navy  Departments — were  very  great,  and  these  powers,  as  well 


12  REPORT  SECRETARY   NATIONAL  WAR  LABOR  BOARD. 

as  the  influence  of  the  President  himself,  were  consistently  used  in 
support  of  the  awards  of  this  board.  The  most  striking  cases  of  this 
kind  were  the  Bridgeport  and  Smith  &  Wesson  cases.  In  the  former 
the  President  told  the  striking  employees  he  would  use  the  Federal 
Employment  Service  and  other  branches  of  the  Government  to  their 
disadvantage  if  they  did  not  accept  the  board's  award.  In  the  Smith 
&  Wesson  case  the  War  Department  immediately  took  over  the  plant 
of  that  company  when  it  refused  to  abide  by  the  board's  decision. 

The  outstanding  fact,  howeA-er,  is  that,  as  long  as  active  war  was 

on,  the  decisions  of  the  board  were  accepted  almost  without  exception 

both  in  ex  parte  cases  and  in  cases  of  joint  submission.     Since  the 

armistice,  and  more  particularly   since  the   first  of  the  year,  the 

changed  industrial  conditions,  the  questioning  in  some  quarters  as  to 

f^"  the  board's  authority  in  the  intermediate  period  between  the  armistice 

\- '     and  the  proclamation  of  peace,  and  the  uncertainty  in  some  minds  as 

to  the  continued  existence  of  the  board,  have  combined  to  create  a 

'.  ^«  condition  when  the  board's  decisions  have  been  less  spontaneously 

accepted. 

HEARINGS  BY  BOARD  AND  EXAMINERS. 

When  the  number  of  submissions  to  the  board  became  so  great  as 
to  render  hearings  by  examiners  necessary,  such  hearings  almost 
entirely  supplanted  hearings  before  board  members.  In  addition  to 
the  heavy  requirement  of  considering  the  testimony  secured  by 
examiners  the  board  heard  only  cases  of  peculiar  difficulty  or  listened 
to  oral  argument  in  cases  in  which  the  testimony  had  previously  been 
submitted  to  examiners.  In  total  there  have  been  488  hearings  held 
by  the  board  members  and  by  examiners,  hearings  by  examiners  being 
321,  or  06  per  cent  of  the  total. 

The  hearings  were  distributed  as  follows : 

Hearings  held  before — 

Umpires 20 

Full  National  War  Labor  Board 59 

Recess  or  standing  committee 6 

Joint  chairmen 46 

Joint  chairmen  and  section 2 

Double  section 1 

Board  and  section 1 

Sections 32 

Examiners _  321 

Total 488 

During  the  months  of  greatest  activity  examiners'  hearings  aver- 
aged about  15  per  week,  and  in  view  of  the  length  of  many  hearings 
and  their  wide  separation  geographically,  this  involved  the  need  of 
some  30  examiners.  Usually  the  hearings  were  held  at  the  place  of 
controversy.  This  was  done  primarily  for  reasons  of  economy,  as  it 
was  much  less  expensive  to  send  an  examiner  with  necessary  assistants 
to  another  point  than  it  was  to  pay  the  expenses  of  representatives 
and  witnesses  to  Washington.  The  policy  adopted  was  to  assign 
only  one  examiner  to  a  hearing,  except  in  cases  of  particular  difficulty 
or  complexity;  but  this  policy  could  not  always  be  observed,  owing 
to  the  need  of  breaking  in  new  examiners,  a  process  which  could  be 
best  accomplished  by  sending  a  new  man  with  a  more  experienced 
examiner,  in  order  that  he  might  get  practical  training. 


REPORT   SECRETARY   NATIONAL  WAR  LABOR  BOARD.  13 

SPECIAL  FIELD  REPRESENTATIVES. 

At  the  outset  of  the  board's  work  it  was  thought  that  beneficial 
results  might  be  obtained  by  having  representatives,  designated  by 
the  employers'  and  employees'  groups,  make  preliminary  investiga- 
tions of  complaints  which  were  brought  before  the  board.  It  was 
expected  that  these  special  field  representatives  might  be  successful 
in  mediating  or  adjusting  differences,  or  could  prepare  special  reports 
as  to  the  facts  involved  for  the  consideration  of  the  board.  Later 
thesit  special  field  representatives  were  instructed  to  assist  the 
parties  to  a  controversy  in  preparing  their  cases  for  hearings.  This 
procedure,  while  sound  in  theory,  did  not  work  out  satisfactorily  in 
actual  practice,  for  the  reason  that  it  tended  to  extend  or  accentuate 
the  original  differences  as  to  which  complaints  were  made.  As  a, 
consequence,  in  the  procedure  as  finally  adopted  by  the  board  the 
use  of  special  field  representatives  was  discontinued. 

ADMINISTRATION  OF  AWARDS. 

The  policy  of  the  board  has  been  always  to  encourage  to  the  great- 
est possible  extent  the  self-administration  of  its  decisions.  In  prac- 
tice, however,  even  the  best  drawn  awards  almost  always  left  room 
for  divergent  interpretations.  If  the  differences  were  small,  adjust- 
ment could  be  made  by  correspondence,  but  in  case  of  major  differ- 
ences the  sending  of  an  examiner  as  an  interpreter  and  administrator 
proved  to  be  the  only  alternative  to  having  the  parties  bring  their 
difficulties  direct  to  the  board.  The  demand  for  such  service  was 
particularly  acute  in  cases  where  an  award  provided  for  collective 
bargaining  in  a  plant  where  collective  bargaining  had  not  previously 
existed.  Often  the  parties  in  such  cases  were  completely  at  a  loss 
as  to  how  to  begin  such  a  system  and  imperatively  needed  counsel 
with  some  one  familiar  with  the  processes  of  installing  shop-com- 
mittee systems. 

A  large  number  of  awards  specifically  provided  that  an  examiner — 
or  administrator,  as  he  came  to  be  called — should  be  sent  to  interpret 
the  award.  In  addition,  a  great  number  of  requests  for  adminis- 
trators have  been  received  in  cases  where  the  award  did  not  specifi- 
cally prgvide  for  the  sending  of  an  administrator  or  where  such  action 
was  contingent  upon  a  request  made  by  one  or  both  parties.  The 
number  of  administrators  available  has  never  been  sufficient  to  meet 
all  of  the  requests  made.  Moreover,  the  demand  for  the  services  of 
administrators  has  steadily  increased  as  more  and  more  decisions 
were  rendered  by  the  board,  and  at  present  there  is  a  greater  demand 
for  such  services  than  at  any  previous  time. 

In  total,  180  awards  and  findings  have  been  administered  by  the 
Department  of  Administration  of  Awards.  Administrators  have 
been  present  in  person  in  128  cases.  The  maximum  number  of  admin- 
istrators at  the  time  of  greatest  activity  was  about  25. 

The  administration  of  the  street  railway  awards  was  susceptible 
of  a  high  degree  of  standardization.  They  had  a  common  author- 
ship— all  of  them  were  written  by  the  joint  chairmen;  they  related  to 
a  single  industry  of  remarkably  homogeneous  character ;  and,  usually, 
the  employees  were  highly  organized  and  both  parties  had  been 
accustomed  to  collective  bargaining. 


14  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

The  industrial  awards,  on  the  other  hand,  presented  a  bewildering 
riety  of  conditions,  and  have,  in  many  cases,  necessitated  the  in- 
llation  of  elaborate  machinery  for  collective  bargaining.    A  not- 
D*e  instance  of  this  is  the  Bridgeport  case,  where  over  60  establish - 
ents,  employing  60,000   persons,  were  involved.     It  is  of  much 
terest  to  note  that  the  local  board  of  mediation  and  conciliation, 
]  established  under  this  award,  has  been  accepted  by  both  parties  as  a 
permanent  institution. 

Another  striking  item  in.  the  history  of  the  administrative  work 
was  the  statement  of  officials  of  the  Corn  Products  Eefining  Co. 
(Docket  No.  130)  to  the  administrator  of  the  board,  that  the  expense 
of  the  award  to  the  company,  amounting  to  a  million  dollars  or  more, 
was  more  than  compensated  for  by  the  improved  classification  of  occu- 
pations worked  out  by  the  board  and  its  examiners  and  by  the  greater 
security  of  industrial  relations  secured  by  the  award. 

ORGANIZATION  OF  STAFF. 

One  of  the  most  burdensome  duties  laid  upon  the  secretary  was 
that  of  organizing  a  staff.  In  the  first  place  there  was  the  difficulty 
of  securing  capable  assistants  at  a  time  when  the  pressure  on  the  board 
for  prompt  action  was  greatest  and  when  the  man  power  of  the  coun- 
try was  in  greatest  demand  for  war  purposes.  More  than  balancing 
this,  however,  was  the  fact  that  the  work  offered  in  the  service  of  the 
board  was  of  a  character  to  attract  men  of  the  highest  grade.  As  a 
result,  it  is  believed  that  the  staff  as  finally  organized  was,  as  a  whole, 
of  exceptional  capacity  and  merit. 

A  second  and  even  more  important  difficulty  was  the  uncertainty 
as  to  the  character  and  amount  of  work  which  was  to  be  intrusted 
to  the  staff.  For  the  more  or  less  routine  duties — such  as  the  Files 
and  Docket,  Buildings  and  Supplies,  and  Auditing  Divisions — the 
work  could  be  forecast  with  more  or  less  accuracy,  but  the  work  of 
the  judicial  and  administrative  examiners — which  in  time  became  the 
most  characteristic  and  important  branch  of  the  staff  organization- 
was  a  matter  of  development  and  could  not  be  anticipated  at  all  fully. 
Thus  at  the  start  of  its  work  it  was  the  evident  intention  of  the  board, 
itself  or  by  sections,  to  hear  the  parties  to  each  controversy  submitted 
to  it.  The  rapid  accumulation  of  cases  submitted,  however,  soon  made 
such  a  course  physically  impossible,  and  the  policy  was  then  adopted 
of  employing  a  staff  of  judicial  examiners  wrho  might  take  the  testi- 
mony of  "parties  for  digesting  and  presentation  to  the  board.  This 
use  of  examiners,  however,  grew  up  slowly,  through  requests  of  the 
board  and  its  sections  in  individual  cases,  and  it  was  not  until  some 
two  and  a  half  months  after  the  board's  organization  that  definite 
authority  was  given  the  secretary  to  handle  controversies  in  this 
mariner. 

Similarly  as  regards  the  department  of  administration  of  awards, 
the  provision  of  administrators  to  interpret  the  board's  decisions 
grew  out  of  the  necessities  of  the  moment.  The  award  in  the 
Waynesboro  machinists'  case  was  the  first  recognition  of  the  prin- 
ciple that  the  board  in  making  an  award  retained  jurisdiction  and 
might  assume  the  duty  of  helping  both  parties  to  put  the  award 
into  effect.  Slowly  this  became  the  accepted  practice  of  the  board, 
and  as  a  result  the  need  arose  for  a  staff  of  special  administrative 
examiners  to  aid  the  parties  in  interpreting  and  applying  awards. 


REPORT   SECRETARY   NATIONAL   WAR   LABOR  BOARD.  15 

The  niaxiniiuu  number  of  employees  on  the  staff  of  the  board  was 
approximately  250.  This  point  was  reached  immediately  before  the 
signing  of  the  armistice.  Since  that  time  the  staff  has  been  con- 
stantly reduced  in  accordance  with  the  decrease  in  the  work  before 
the  board. 

The  responsibility  and  burden  of  the  effective  conduct  of  the  work 
of  the  board  have  fallen  particularly  upon  a  number  of  department 
heads  and  special  assistants.  The  services  of  Mr.  Hugh  S.  Ilanna, 
who  has  acted  since  the  beginning  of  the  work  of  the  board  as  chief 
examiner  and  general  assistant  to  the  secretary,  have  been  invaluable. 
Others  who  have  devoted  themselves  constantly  and  unreservedly  to 
the  work  of  the  board  and  wrho  should  be  especially  commended 
are  Prof.  E.  B.  Woods,  chief  administrator  of  awards :  Mrs.  Everett 
W.  Boughton,  assistant  to  the  secretary;  Mr.  J.  W.  Marshall, 
assistant  to  the  secretary;  Mr.  Madison  A.  Dimlap,  assistant  to  the 
secretary;  Mr.  E.  Kletsch,  chief,  division  of  files  and  information; 
Miss  Elizabeth  A.  Hyde,  editorial  clerk ;  Mr.  Roy  G.  Bostwick,  chief, 
complaint  division;  Mr.  C.  S.  Watts,  chief,  division  of  investigation; 
Mr.  Wyatt  B.  Angel  o,  assistant  administrator  6*f  awards;  Mr.  W.  P. 
Harvey,  special  representative,  employees'  group;  Mr.  I.  A.  Rice, 
special  representative,  employers'  group;  Mr.  Charlton  Ogburn,  in 
charge  of  street  railway  cases;  Mr.  Arthur  Sturgis,  administrator, 
street  railway  cases;  Mr.  Francis  X.  Tyrrell,  executive  assistant; 
and  Mr.  W.  F.  Ogburn,  in  charge  of  the  Cost  of  Living  Division. 

SPECIAL  REPORTS. 

Detailed  reports  from  the  departments  of  the  organization  have 
been  prepared,  as  follows : 

1.  Department  of  Procedure. 

(a)  Division  of  Complaints. 

(b)  Docket  Division. 

(<?)  Division  of  Public  Hearings. 

2.  Files  and  Information. 

(a)  Files  Division. 

(b)  Editorial  Division.. 

(c)  Publications  Division. 

3.  Department  of  Examinations. 

(a)  Division  of  Investigation. 
Ibj  Division  of  Analysis. 
(c)  Cost-of-Living  Division. 

4.  Administration  of  Awards. 

I  have  also  had  prepared  four  special  reports  which  I  have  thought 
would  be  of  interest  and  value  to  the  board.  They  are  as  follows : 

1.  The  work  of  the  public  utilities  division,  by  Charlton  Ogburn. 

2.  Analysis  of  the  awards  and  findings  of  the  board,  by  Robert  P. 
Reeder. 

3.  Principles  and  rules  of  procedure. 

4.  Organization  and  practice  of  the  board. 

Respectfully  submitted. 

W.  JETT  LAUCK, 

Secretary. 


REPORTS  OF  HEADS  OF  DEPARTMENTS. 


NATIONAL  WAR  LABOR  BOARD, 

Washington,  May  £,£,  1919. 

Mr.  W.  JETT  LATTCK, 

Secretary ,  National  War  Labor  Board, 

Washington,  D.  C. 

DEAR  SIR  :  As  requested  by  you  I  have  had  prepared  and  am  trans- 
mitting herewith  the  reports  of  the  various  department  heads  of  the 
staff.  These  reports,  taken  together,  show  the  work  of  the  staff  dur- 
ing its  existence  of  somewhat  less  than  a  year,  as  the  board  itself  was 
not  created  until  April,  1918,  and  it  was  some  weeks  later  that  a  staff 
organization  was  completed.  As  the  active  work  of  the  board  seem- 
ingly is  now  completed  and  most  of  the  staff  have  had  their  services 
discontinued,  these  reports  may  be  regarded  as  constituting  the  final 
and  permanent  record  of  the  staff's  work. 
Very  truly,  yours, 

HUGH  S.  HANNA, 

Chief  Examiner. 

REPORT  OF  THE  DEPARTMENT  OF  PROCEDURE. 

Mr.  George  F.  Wells  acted  as  director  of  procedure  until  his  resig- 
nation in  May,  1919,  to  associate  himself  with  the  legal  division  of 
the  War  Department,  and  Mr.  Roy  G.  Bostwick  had  immediate 
charge  of  the  work  of  the  various  divisions  within  the  department 
of  procedure  until  his  resignation  in  April.  In  the  absence  of  both 
of  these  staff  members  the  report  of  the  work  of  this  department 
has  been  prepared  by  other  members  of  the  department. 

The  director  of  procedure,  under  the  organization  of  the  board, 
had  as  his  principal  duty  that  of  seeing  that  all  matters  affecting  the 
procedure  and  expedition  of  cases  before  the  board  were  handled  in. 
compliance  with  the  forms  and  methods  of  procedure  adopted  by  the 
board.  As  such,  his  position  was  essentially  that  of  legal  adviser  to 
the  secretary  and  to  the  various  departments  and  divisions. 

In  his  capacity  as  general  adviser  in  matters  of  form  and  pro- 
cedure, the  director  of  procedure  followed  the  work  of  the  board  and 
of  the  several  divisions  of  the  staff,  passing  upon  such  questions  and 
making  such  suggestions  and  directions  as  seemed  necessary  in  the 
interest  of  the  orderly  and  proper  conduct  of  the  business  before  the 
board.  In  this  connection  he  attended  all  meetings  of  the  board,  and 
himself  drafted  all  orders  which  the  board  has  directed  to  be  made. 

121338°— 20 2  1T 


18  '    REPORT  SECRETARY  NATIONAL,  WAR  LABOR  BOARD. 

The  detailed  work  of  each  of  the  four  divisions  under  the  Depart- 
ment of  Procedure  is  shown  below.  The  Complain^  Division  was  in 
charge  of  Mr.  John  K.  Tucker  until  his  resignation  in  January,  when 
it  was  placed  under  the  direction  of  Mr.  Ko}^  G.  Bostwick,  who  so 
acted  until  his  resignation  on  March  1.  Since  that  time  the  limited 
amount  of  work  remaining  for  this  division  to  do  was  taken  up  by 
Mr.  C.  S.  Watts,  chief  of  the  Division  of  Investigation.  The  Docket 
Division  has  been  in  charge  of  Mr.  J.  D.  Sutherland.  The  Division 
of  Public  Hearings  was  organized  by  Mr.  Henry  C.  Smith,  and  di- 
rected after  his  resignation  by  Mr. 'H.  J.  McCoy.  The  official  re- 
porting was  let  on  contract,  by  competitive  bid,  to  Mr.  Cale  R.  Jones, 
who  has  reported  all  of  the  hearings  before  the  board  and  examiners 
except  the  executive  sessions  of  the  board,  which  were  handled  by 
Mr.  K.  M.  S.  Johnson,  chief  of  the  Division  of  Typewriting  and  Sten- 
ography. 

COMPLAINT  DIVISION. 

Under  the  early  procedure  of  the  board  the  formality  of  filing  a 
complaint  was  extremely  simple.  This  aroused  objection  on  the 
ground  that  it  permitted  unauthorized  or  unrepresentative  persons 
too  easily  to  invoke  the  attention  of  the  board.  To  meet  this  objec- 
tion amendments  were  made  to  the  procedure  providing  that  com- 
plaints must  be  filed  in  specified  form,  providing  for  service  of  com- 
plaint on  respondent  and  for  answer  by  respondent,  and  providing 
that  complaints  submitted  by  employees  in  shops  where  the  employer 
did  not  contract  with  a  union  must  be  signed  by  at  least  three  em- 
ployees. A  detailed  statement  of  the  forms  and  character  of  com- 
plaints, joint  submissions,  and  answers  is  given  in  the  "  Principles 
and  Eules  of  Procedure,"  and  need  not  be  repeated  here  further  than 
to  note  that  the  increasing  detail  in  the  complaint  procedure  tended 
steadily  to  increase  the  work  of  the  Complaint  Division. 

The  function  of  this  division  has  been  to  examine  all  complaints 
submitted  to  the  board,  to  see  that  such  complaints  were  in  proper 
form,  and  to  decide,  in  consultation  with  the  secretary,  as  to  their 
disposition.  The  routine  of  the  work  as  later  developed  was  briefly 
as  follows:  Every  complaint  on  receipt  was  given  a  number  on  the 
complaint  register.  It  was  then  examined  to  see  that  its  form  met 
with  the  requirements  laid  down  by  the  board.  If  not,  as  was  usually 
the  case,  the  complaint  was  returned  with  the  necessary  information 
as  to  the  form  required.  Often  extensive  correspondence  was  neces- 
sary before  all  the  requirements  were  properly  met.  When  a  com- 
plaint was  in  proper  form,  or  rendered  so  by  correspondence,  it  was 
entered  on  the  regular  docket  and  given  its  proper  number.  If  it 
appeared  from  either  the  original  complaint  or  supplemental  cor- 
respondence that  the  controversy  involved  was  one  that  should  be  re- 
ferred to  some  other  governmental  board  or  agency,  it  was  so  re- 
ferred after  being  given  a  docket  number  and  after  consultation  with 
the  secretary.  It,  on  the  other  hand,  the  controversy  appeared  to  be 
properly  within  the  board's  jurisdiction  the  perfected  complaint  was 
transmitted  to  the  department  of  examination  for  service  and  further 
proceedings. 

In  cases  of  joint  submission  substantially  the  same  routine  was 
observed,  one  of  the  parties  being  construed  as  a  complainant  against 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  19 

the  other  in  order  that  the  issues  in  dispute  might  be  clearly  set 
out.  Also,  it  was  necessary  to  follow  a  similar  routine  in  cases  re- 
ferred to  the  National^  War  Labor  Board  from  other  governmental 
boards  and  agencies,  as  the  terms  of  reference  were  almost  always 
lacking  in  the  detail  necessary  to  the  joining  of  the  issues  contem- 
plated in  the  board's  procedure. 

While  most  of  the  work  of  the  division  was  carried  on  by  corre- 
spondence, a  very  large  part  of  its  time  was  taken  up  in  interviews 
with  persons  who  wished  information  regarding  the  procedure  to 
be  followed  in  filing  complaints  or  who  desired  personal  assistance  in 
filling  out  the  necessary  papers.  Not  infrequently  parties  desiring 
jointly  to  submit  a  controversy  to  the  board  for  adjudication  called 
at  the  office  in  person  and  there  made  all  the  necessary  arrangements 
for  bringing  the  matter  properly  to  the  board's  attention. 

The  work  accomplished  by  this  division  is  measured  by  the  num- 
ber of  cases  handled  by  the  board,  plus  the  number  of  complaints 
which  were  entered  on  the  complaint  register  but  did  not  result  in 
perfected  complaints.  In  total  there  were  approximately  1,600  com- 
plaints thus  handled,  of  which  1,270  became  docketed  cases. 

DOCKET  DIVISION. 

It  has  been  the  duty  of  £he  docket  manager  to  have  charge  of  two 
records.  In  one,  called  the  appearance  docket,  is  kept  a  chronologi- 
cal record  of  the  steps  relating  to  the  status  of  the  case  from  its  incep- 
tion, either  by  original  complaint  or  by  reference  from  some  other 
governmental  department.  To  do  this  it  has  been  necessary  to  get  in- 
formation from  the  Division  of  Files,  the  director  of  hearings.  Di- 
vision of  Investigation,  director  of  procedure,  chief  administrator, 
and  the  secretary's  office,  as  well  as  the  minutes  of  the  board's 
meetings. 

The  other  volume  is  called  the  permanent  docket,  and  sets  forth  in 
detail  all  the  actions  described  in  the  appearance  docket  collected  so 
as  to  appear  on  the  day  in  which  such  entry  took  place.  In  this 
volume  have  been  set  forth  in  detail  all  awards  and  orders  of  the 
board;  hearings,  stating  before  whom  such  hearings  were  held  and 
the  appearance  of  the  parties,  if  any;  resolutions  of  the  board;  com- 
plaints; and  all  matters  necessary  to  make  a  full  and  complete  record 
of  each  day's  business,  whether  transacted  by  the  board,  the  staff, 
or  the  parties  themselves,  or  the  related  departments  of  the  Govern- 
ment. 

In  the  early  stages  an  abbreviated  docket  for  the  use  of  the  joint 
chairmen  was  provided  for,  but  after  continuing  for  about  three 
months,  and  containing  cases  up  to  No.  561,  it  was  thought  best  to 
abandon  this  for  the  reason  that  another  system  had  been  devised  by 
the  staff  which  was  more  satisfactory. 

All  dockets  are  indexed  with  a  system  of  card  files.  There  were 
also  prepared  three  sets  of  cards,  each  of  1,126  cards,  for  the  use  of 
other  divisions.  These  contain  entries  identical  with  those  of  the 
appearance  docket. 

It  has  been  necessary  to  have  an  assistant  and  three  stenographers 
most  of  the  time  in  order  to  complete  the  work  of  the  division. 


20  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

DIVISION  OF  PUBLIC  HEARINGS. 

Every  hearing  held  before  the  board  or  before  examiners,  and  every 
meeting  of  the  board  outside  of  Washington,  necessitated  the  securing 
of  a  court  room,  and  usually  also  the  provision  of  some  one  to  act  as 
sergeant  at  arms.  This  has  been  the  work  of  the  Division  of  Public 
Hearings.  Immediately  a  hearing  was  set  the  Division  of  Examina- 
tion so  notified  the  director  of  public  hearings,  who  thereupon  made 
the  necessary  arrangements  for  securing  a  hearing  room  in  the  city 
where  the  hearing  was  to  be  held.  This  could  sometimes  be  done  by 
telephone  or  correspondence,  but  usually  was  done  by  an  assistant 
director  of  hearings,  who  went  to  the  hearing  place  a  day  or  two  be- 
fore the  hearing,  secured  a  satisfactory  room  and  then  remained  for 
the  hearing  itself,  where  he  served  as  sergeant  at  arms  and  performed 
such  other  duties  as  might  arise. 

With  the  exception  of  perhaps  a  dozen  cases,  chiefly  on  the  Pacific 
coast,  the  director  of  public  hearings  has  arranged  for  a  hearing  room 
and  has  furnished  an  assistant  director  in  person  at  every  hearing 
before  members  of  the  board  or  before  examiners.  Also  at  every 
meeting  of  the  board  the  director  of  hearings  has  been  present  and 
attended  to  such  duties — keeping  order,  serving  summonses,  taking 
charge  of  papers,  etc. — as  arose  from  time^to  time. 

In  order  to  reduce  to  a  minimum  the  amount  of  traveling,  each 
assistant  director  was  given  a  geographical  district,  with  headquar- 
ters at  some  central  point,  such 'as  Boston,  Chicago,  Kansas  City. 
The  number  of  such  assistants  varied  with  the  pressure  of  work,  the 
maximum  number  employed  at  the  time  of  greatest  pressure  being  12. 

DEPARTMENT  OF  FILES  AND  INFORMATION. 

The  plan  of  organization  provides  that  this  department  should 
consist  of  three  divisions — files,  publications,  and  editorial.  Miss 
Elizabeth  A.  Hyde  has  been  the  assistant  in  charge  of  editorial  work. 

DIVISION  OF  FILES. 

As  outlined  in  the  organization  and  practice  of  the  board,  this  divi- 
sion has  been  concerned  principally  with  the  conservation  and  classi- 
fication of  all  documentary  material  dealing  with  cases  before  the 
board. 

With  this  end  in  view,  a  simple  but  thorough  scheme  of  classifica- 
tion was  devised  late  in  May,  1918.  In  devising  this  scheme  and  in 
all  subsequent  changes  the  guiding  principle  was  that  the  free  and 
broad  use  of  material  by  the  board  members,  the  staff,  and  the  public 
was  of  far  greater  importance  than  a  highly  technical  and  cumber- 
some system  of  filing. 

Under  the  developed  scheme  of  classification  all  material  has  been 
stamped  and  classified  as  belonging  to,  first,  general  correspondence ; 
second,  the  personnel;  and  third,  the  docket,  Main  entry  and  all 
necessary  index  cards  have  been  prepared  at  once  for  the  general 
index,  the  docket,  the  record  of  hearings,  and  all  other  files,  with  the 
classification  mark  in  the  left  upper  corner.  With  this  distinguish- 
ing mark  affixed,  papers  then  have  been  filed  under  one  of  the  threo 
groups. 


REPORT   SECRETARY   NATIONAL  WAR  LABOR  BOARD.  21 

General  correspondence  has  been  strictly  alphabetic,  as  has  also 
the  personnel  file.  The,  docket  group,  by  far  the  largest,  has  been 
filed  by  docket  number.  Under  each  docket  the  matter  appertaining 
thereto  has  been  arranged  chronologically.  All  original  documents 
have  been  maintained  in  the  docket  folder  with  the  exception  of  com- 
plaints, joint  submissions,  and  signed  copies  of  the  awards.  These 
three  documents  have  been  kept  in  a  safe  and  copies  only  put  into  the 
docket  folder. 

Beginning  with  a  staff  consisting  of  a  chief  and  one  assistant  in 
May,  1918,  the  personnel  of  the  division  was  increased  from  time  to 
time  until  a  total  of  16  assistants  were  employed  in  February,  1919. 
This  rapid  growth  of  the  personnel  was  clue  to  several  reasons.  One 
important  cause  was  the  location  of  the  files  in  a  different  building 
from  that  in  which  the  board  rooms  were  located.  This  necessitated 
the  stationing  of  an  assistant  at  the  board  room  and  also  entailed 
increased  work  in  transferring  files  and  procuring  documents  for 
the  meetings  and  hearings  of  the  board.  Upon  the  removal  of  the 
board  from  the  Southern  Building  to  the  Massachusetts  Avenue 
building,  all  files  were  located  in  the  main  file  room  with  the  excep- 
tion of  the  street  railway  material,  which  was  kept  in  the  Southern 
Building  with  an  assistant  in  permanent  attendance. 

While  the  Department  of  Files  and  Information  was  primarily 
concerned  only  with  the  physical  upkeep  of  the  files,  the  department 
soon  outgrew  these  limits  and  began  new  activities.  The  issuance  of 
a  bimonthly  list  of  pending  cases  was  one  of  the  first  new  duties 
assumed  by  this  division  and  when  it  is  taken  into  consideration  that 
at  the  height  of  the  board's  activities  the  number  of  pending  cases 
was  as  high  as  448,  it  is  easily  seen  that  the  issuance  of  such  a  list 
was  no  small  undertaking.  Simultaneously  with  the  pending  list,  a 
list  of  referred  and  settled  cases  was  made  from  time  to  time. 

Another  undertaking  of  the  department  was  the  mimeographing 
of  the  minutes  and  their  distribution  to  board  members  and  to  the 
staff.  During  the  busy  months  of  the  board,  when  complaints  were 
received  at  the  rate  of  from  10  to  15  a  day,  all  original  complaints 
were  mimeographed  and  distributed  to  board  members  and  parties 
in  interest.  In  addition  a  numerical  docket  issued  weekly,  or  as  near 
weekly  as  possible,  was  kept  up  and  distributed.  It  forms  the  official 
record  numerically  of  all  cases  received  by  the  board. 

During  the  life  of  the  File  Division  numerous  indexes  were  kept, 
such  as  an  index  to  localities,  one  to  trades  and  occupations,  etc. 
Desk  files  of  pending  cases  were  kept  in  the  offices  of  the  joint  chair- 
men, several  board  members,  the  secretary,  the  chief  examiner,  the 
division  of  procedure,  and  the  division  of 'analysis. 

With  the  growth  of  the  minutes  it  was  found  advisable  to  bind 
the  first  207  pages.  The  index  for  this  volume  was  prepared  by 
docket  number,  subject,  and  title.  The  same  procedure  was  fol- 
lowed with  Volume  II  and  Volume  III  of  the  minutes.  Transcripts 
of  executive  sessions  also  were  indexed  immediately. 

Of  much  importance  was  the  work  in  connection  with  hearings, 
transcripts  being  circulated  as  freely  as  library  books,  requiring 
much  physical  work  in  charging  and  discharging  records.  The 
physical  amount  of  work  done  by  the  division,  i.  e.,  the  charging 
and  delivery  of  documentary  material,  was  enormous;  at  times  over 
100  individual  charges  per  day  were  recorded. 


22  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

The  subscription  to  news  clippings  and  to  numerous  papers 
throughout  the  country  suggested  a  review  of  new,s  articles  relating 
to  the  War  Labor  Board,  and  such  a  daily  news  letter  was  started 
in  due  time  and  supplied  to  board  members  and  others.  Close  co- 
operation with  the  Docket  Division  was  constantly  maintained  and 
assistance  given  whenever  required. 

EDITORIAL  AND  PUBLICATIONS  DIVISIONS. 

The  editorial  section  has  prepared  the  board's  decisions  for  mimeo- 
graphing, comparing  the  copy  with  the  original  in  every  case,  and 
later  has  prepared  the  matter  for  the  printer  and  read  the  proof. 
An  effort  has  been  made  to  check  the  names  of  firms  and  individuals 
with  letterheads  or  signatures  whenever  possible.  Following  a 
resolution  of  the  board  in  August,  1918,  a  few  awards  were  rewritten 
and  were  then  submitted  for  approval  to  the  sections  making  them. 
Later  it  was  decided  that  changes  by  the  staff  should  be  made  only 
'in  cases  of  error,  and  the  awards  as  printed  now  are  exact  copies 
of  the  originals  except  in  matters  of  punctuation  or  capitalization. 

The  awards  and  findings  and  a  few  documents  in  connection  there- 
with, including  all  cases  passed  upon  to  date,  comprise  about  700 
printed  pages  of  text  and  335  title  pages.  Of  each  of  these  various 
documents  5,000  copies  were  printed,  with  the  exception  of  President 
Wilson's  letter  to  the  striking  employees  at  Bridgeport,  of  which 
30,000  copies  were  ordered. 

The  first  and  second  editions  of  the  Principles  and  Rules  of  Pro- 
cedure, printed  early  last  year,  were  somewhat  bulky  for  mailing, 
being  printed  on  one  side  of  the  paper  only.  On  August  9,  1918,  an 
order  for  5,000  copies,  and  on  September  5  an  order  for  20,000  were 
sent  to  the  Public  Printer.  This  form  comprised  only  4  pages  and 
was  on  thin  paper.  An  order  for  10,000  copies  of  a  later,  revised 
edition,  containing  the  procedure  as  amended  to  date,  was  sent  to 
the  printer  December  21 ;  the  proof  was  revised  by  the  board  and 
the  printed  copies  were  received  in  March,  1919,  This  pamphlet 
consists  of  14  pages,  title,  and  contents. 

One  thousand  copies  of  the  Organization  and  Practice  of  the  Board 
as  adopted  and  amended  to  December  10,  consisting  of  7  pages 
and  title,  were  ordered  printed  in  January. 

On  October  8,  1918,  2,000  copies  of  the  general  instructions  for  the 
election  of  shop  committees  were  ordered — 2  pages,  with  no  title 
page. 

In  addition,  the  printing  office  supplied  1,000  post  cards  for  use 
in  connection  with  the  mailing  of  full  sets  of  awards,  and  5,000 
letter  forms  for  the  transmission  of  copies  of  complaints.  The 
Division  of  Publications  and  Supplies,  Department  of  Labor,  ad- 
dressed by  machine  several  thousand  envelopes  or  franks. 

Besides  keeping  on  hand  a  supply  of  the  mimeographed  or  printed 
decisions  of  the  board  and  certain  other  material,  to  be  given  out 
upon  request,  the  mailing  section  (publications)  has  been  occupied  as 
follows : 

It  has  supplied  correct  copies  of  awards  for  the  signature  of  the 
Secretary  and  has  sent  such  copies,  by  registered  mail,  to  complainant 
and  respondent  and  others  specially  interested.  On  account  of  they 


REPORT  SECRETARY  NATIONAL,  WAR  LABOR  BOARD.  23 

amount  of  registered  mail  sent  to  the  post  office  this  board  was  given, 
on  November  27,  a  "  firm  book  "  and  a  supply  of  return-receipt  cards, 
and  was  assigned  a  series  of  numbers  for  the  letters  mailed,  thus 
relieving  the  post  office  of  all  work  except  the  mere  signing  of  the 
sheets  and  the  stamping  of  the  dates.  Since  that  time  this  office 
has  sent  out  almost  1,400  registered  letters.  For  the  period  March  15 
to  31,  inclusive,  the  average  was  29  each  working  day.  Until  this 
pressure  in  March,  each  copy  of  a  decision  going  out  by  registered 
mail  was  accompanied  by  a  typewritten  letter,  but  mimeographed 
form  letters  then  were  substituted — dated,  addressed,  and  signed  by 
hand,  however. 

The  mailing  section  also  has  supplied  mimeographed  copies  of  the 
decisions  to  the  board  and  the  staff,  mailing  them  to  examiners  in 
the  field  whose  addresses  could  be  ascertained.  Copies  have  been 
sent  by  messenger  to  various  Government  boards  or  bureaus — ^the 
Division  of  Conciliation,  for  example,  receiving  45  copies  of  each 
award  within  a  few  hours  of  its  stenciling.  Printed  copies,  as  well 
as  mimeographed,  have  been  sent  to  the  parties  in  interest.  Finally, 
the  task  of  mailing  the  printed  awards  to  the  persons  receiving  only 
printed  matter  (now  400  in  number)  and  of  mailing  mimeographed 
copies  first  and  printed  copies  later  to  those  who  can  not  wait  for 
the  printing  (now  150  in  number),  has  been  enough  to  occupy  almost 
the  entire  time  of  one  person, 

ERNEST  KLETSCH, 
Chief,  Department  of  Files  and  Information, 

REPORT  OF  DEPARTMENT  OF  EXAMINATION. 

The  primary  .work  of  the  Department  of  Examination  has  been 
the  collecting  and  digesting  of  testimony  and  other  information 
regarding  controversies  before  the  board  for  the  use  of  the  board 
or  sections  in  arriving  at  proper  settlements  of  such  controversies. 
Originally  it  was  the  probable  intention  of  the  board  to  have  the 
parties  to  each  controversy  appear  before  either  the  full  board  or  a 
section  thereof,  for  presentation  of  testimony  and  oral  argument. 
But  the  rapid  accumulation  of  controversies  submitted  for  adjudica- 
tion soon  made  such  a  course  physically  impossible.  Thereupon,  the 
policy  was  adopted  of  employing  a  staff  of  judicial  examiners  who 
might  take  the  testimony  of  parties  for  digesting  and  presentation 
to  the  board,  which  thereupon  could  determine  whether  sufficient 
facts  had  been  deduced  to  permit  it  to  render  a  decision  or  whether 
further  hearings  by  the  board  itself  would  be  necessary.  In  almost 
all  of  such  cases  it  has  been  found  that  further  taking  of  testimony 
was  not  necessary,  although  in  a  number  of  instances  the  board  has 
felt  it  desirable  itself  to  hear  oral  argument  of  the  parties  on  the 
testimony  previously  submitted  to  examiners. 

At  first  the  attempt  frequently  was  made  to  obtain  the  desired 
.information  by  sending  an  examiner  to  make  an  investigation  by 
visiting  and  interrogating  the  respective  parties.  But  this  method 
was  found  much  less  satisfactory,  as  a  rule,  than  the  method  of  pub- 
lic hearings,  when  full  opportunity  was  given  for  examination  and 
cross-examination.  Frequently,  also,  the  bringing  together  of  the 
parties  at  a  hearing  had  a  conciliatory  effect.  In  a  number  of  cases 
misunderstandings  wore  cleared  up  and  amicable  settlement  reached 


24  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

as  a  result  of  the  discussions  and  explanations  evoked  in  the  course 
of  hearings  before  examiners. 

The  work  of  the  Department  of  Examination  has  been  carried  on 
through  two  main  divisions:  (1)  The  Division  of  Investigation, 
which  handled  all  matters  dealing  with  the  conduct  of  examiners' 
hearings,  the  serving  of  perfected  complaints  upon  respondents,  the 
summoning  of  witnesses,  and  the  conduct  of  all  investigative  work 
ordered  by  the  board  or  secretary;  (2)  the  Division  of  Analysis, 
which  assembled  and  digested  for  the  use  of  the  board  or  sections, 
the  testimony,  exhibits,  cost-of-living  data,  and  other  information 
relative  to  controversies  submitted  for  decision. 

The  assignment  of  the  members  of  the  department  between  these 
two  divisions  could  not  always  be  strictly  maintained.  At  times, 
under  the  pressure  of  circumstances,  it  was  necessary  to  shift  the 
members  of  one  division  to  temporary  service  on  the  other  division. 
But,  in  general,  it  was  found  that  under  the  conditions  existing  the 
separation  of  functions  was  a  desirable  one  and  promoted  efficiency. 
This  was  so  for  the  reason  that  the  transcripts  of  hearings,  the  ex- 
hibits, the  briefs  and  other  papers  submitted  by  the  parties  to  a  case- 
all  of  which  were  essential  in  the  preparation  of  the  final  examiner's 
report — usually  did  not  reach  the  office  for  several  days,  and  some- 
times not  for  two  or  three  weeks,  after  a  hearing  had  been  held. 
As  a  result,  the  early  plan  of  having  the  same  examiner  who  heard 
the  original  case  prepare  the  final  report  proved  in  most  cases  un- 
satisfactory, although  under  conditions  of  less  pressure  it  would 
undoubtedly  be  better  to  have  the  same  examiner  handle  a  case  from 
beginning  to  end. 

Under  the  system  developed,  the  judicial  examiner  on  completion 
of  a  hearing  immediately  prepared  and  sent  to  the  office  a  brief  pre- 
liminary report  on  the  case,  and  was  thereupon  free  for  another 
assignment.  This  preliminary  report,  together  with  the  transcript 
of  the  hearings  and  other  papers,  sometimes  very  voluminous,  was 
then  taken  by  the  Division  of  Analysis  and  used  in  preparing  a  final 
examiner's  report  for  transmission  to  the  board  or  to  the  section 
having  the  case  before  it.  Before  such  transmission  the  report  was, 
in  every  case,  read  and  approved  by  the  chief  examiner  and  the  sec- 
retary, and,  when  occasion  demanded,  was  sent  to  the  examiner  who 
conducted  the  hearing  for  criticism  and  revision. 

Mr.  Claude  S.  Watts  has  acted  as  Chief  of  the  Division  of  Inves- 
tigation. The  Division  of  Analysis  was  organized  and  directed  by 
Mr.  Roy  G.  Bostwick  until  his  resignation  on  March  1,  when  he  was 
succeeded  by  Mr.  A.  M.  Jamieson.  A  special  section  of  the  Division 
of  Analysis  to  collate  and  analyze  all  data  regarding  increased  cost 
of  living  has  been  under  the  direction  of  Mr.  W.  F.  Ogburn. 

A  brief  statement  of  the  work  performed  by  each  of  these  divi- 
sions and  sections  is  given  below : 

DIVISION  OF  INVESTIGATION. 

The  Division  of  Investigation  has  arranged  -±88  hearings,  divided 
as  follows : 

Hearings  before  umpires 20 

Hearings  before  full  National  War  Labor  Board 59 

Hearings  before  recess  committee 6 


REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  25 

»• 

Hearings  before  joint  chairmen 4(5 

Hearings  before  joint  chairmen  and  section 2 

Hearings  before  double  section 1 

Hearings  before  board  and  section 1 

Hearings  before   sections ~     32 

Hearings  before  examiners 321 

Total 488 

The  total  number  of  hearings  does  not  indicate  the  number  of 
cases  dealt  with  or  disposed  of  in  this  manner,  however,  as  in  many 
instances  two  or  more  cases — as  many  as  22  in  one  instance — were  in- 
cluded in  one  hearing.  The  total  number  of  cases  in  which  hearings 
of  one  kind  or  another  have  been  held  is,  therefore,  considerably  in 
excess  of  479  and  approximates  600.  In  the  great  majority  of  these 
the  hearings  were  conducted  by  the  judicial  examiners  of  the  staff. 
Forty  such  examiners  were  regularly  and  constantly  engaged  in  this 
work  during  the  period  of  the  board's  greatest  activity. 

These  examiners  were  drawn  from  many  professions  and  fields  of 
business  activity.  Many  were  attorneys,  others  were  newspaper  and 
magazine  writers  and  investigators,  some  were  college  professors,  and 
others  were  recruited  from  the  business  world,  where  they  had  had 
experience  in  dealing  with  industrial  relations  problems  that  es- 
pecially qualified  them  for  this  branch  of  the  National  War  Labor 
Board  service. 

When  the  papers  in  a  case  were  certified  to  the  Division  of  Inves- 
tigation as  having  been  approved  by  the  Division  of  Complaints,  the 
Chief  of  the  Division  of  Investigation  served  copies  of  these  papers 
on  the  several  parties  to  the  case  where  such  service  was  indicated  in 
the  board's  procedure  (this  service  was  usually  made  by  registered 
mail)  and  then  ascertained  or  determined  whether  the  hearing  in  the 
case  should  be  held  before  the  full  board,  before  a  section  or  double 
section,  before  the  joint"  chairmen,  or  before  examiners.  He  then  set 
a  date  and  place  for  the  hearing  and  sent  out  telegraphic  notices 
thereof  and  summonses  for  witnesses  to  the  several  parties  to  the  case, 

Examiners'  hearings  were  usually  held  in  the  field,  at  the  place 
where  the  case  originated  or  the  nearest  and  most  available  point. 
This  was  a  measure  of  economy  as  well  as  one  of  expediency,  for  an 
examiner  and  his  necessary  assistants  could  be  dispatched  to  a  distant 
city  and  a  hearing  held  at  far  less  expense  to  the  Government  than  if 
the  parties  to  the  case  and  needed  witnesses  were  summoned  to  Wash- 
ington. Hearings  before  the  full  board  or  sections  were  usually  held 
in  Washington  or  in  one  of  the  other  larger  cities  of  the  country. 

Except  in  cases  of  unusual  importance  it  has  been  the  rule  to  assign 
only  one  examiner  to  a  case,  but  in  building  up  the  staff  in  the  earlier 
part  of  the  board's  work  it  was  frequently  necessary  to  send  a  new 
examiner  with  an  older  one  in  order  that  he  might  acquaint  himself 
with  details  of  procedure  through  actual  experience  in  association 
with  a  colleague  more  matured  in  the  service. 

Cases  when  ready  for  judicial  hearings  have  been  taken  up  and 
disposed  of  in  the  order  in  which  they  were  placed  upon  the  docket 
in  so  far  as  this  could  be  done;  but,  in  instances  of  especial  emer- 
gency, such  as  cases  in  which  an  executive  department  or  other 
governmental  agency  requested  immediate  action,  this  rule  has  been 
waived.  The  actual  determining  of  the  date  of  the  hearings,  how- 
ever, has  been  in  the  discretion  of  the  Chief  of  the  Division  of 


26  BEPOPxT  SECRETARY   NATIONAL  WAR  LABOR  BOARD. 

Investigation,  and  he  has  exercised  this  discretion  solely  with  a 
view  to  expediting  the  consideration  and  disposal* of  cases  on  the 
docket.  The  matter  of  the  assignment  of  examiners  to  conduct  the- 
hearings  has  likewise  been  at  the  discretion  of  the  chief  of  the  divi- 
sion, but  the  effort  has  always  been  made  to  assign  examiners  to  cases 
for  which  they  were  peculiarly  fitted  or  qualified  by  reason  of  experi- 
ence or  otherwise.  This  rule  led  to  the  permanent  assignment  of  Ex- 
aminer Charlton  G.  Ogburn  to  cases  involving  street  railway  contro- 
versies and  other  public  utility  cases.  Mr.  Ogburn  held  practically  all 
of  the  hearings  in  cases  of  this  character,  and  in  several  instances, 
notably  in  Newark,  N.  J.,  Savannah,  Ga.,  and  Denver,  Colo.,  in  pro- 
ceedings incident  to  hearings  was  personally  instrumental  in  adjust- 
ing and  reconciling  differences  that  had  precipitated  acute  situations. 

Three  sets  of  records  were  kept  in  the  Division  of  Investigation: 
First,  a  record  of  all  papers  served  in  cases  reported  from  the  Divi- 
sion of  Complaints ;  second,  a  card  index  of  all  cases  in  which  hear- 
ings were  held,  showing  by  whom  hearings  were  held,  when  notices 
were  issued,  when  and  where  held,  and  all  other  essential  data 
relating  thereto;  and  third,  a  record  of  the  movements  of  all 
examiners. 

All  correspondence  relating  to  cases  in  progress  of  consideration 
was  also  handled  by  this  division,  and  from  100  to  150  telegrams  and 
letters  were  frequently  sent  out  from  this  office  in  a  single  day. 

DIVISION  OF  ANALYSIS. 

The  Division  of  Analysis  was  organized  with  the  primary  function 
of  handling  cases  in  their  post-hearing  status  and  presenting  them 
adequately,  fully,  and  promptly  for  the  consideration  of  the  section 
of  the  board  to  which  they  had  been  assigned. 

Before  it  was  created  a  staff  had  been  formed  to  do  what  might 
be  called  experimental  work  in  the  field  of  editorial  examination  and 
in  the  statistical  presentation  of  wage  data,  etc.,  but  it  was  not  until 
the  Division  of  Analysis  came  into  existence  that  this  work  was 
placed  upon  a  firm  footing. 

The  principal  work  of  the  staff  of  this  division  was  the  prepara- 
tion, in  each  case  coming  before  the  board,  of  an  "  examiner's  final 
report."  This  was-  in  effect  a  digest,  abstract,  and  summary  of  the 
case  in  question  from  the  hour  that  the  first  request  for  the  inter- 
vention of  the  National  War  Labor  Board  was  made  until  the  whole, 
proceeding  was  ready  for  the  preparation  of  an  award  or  finding 
by  a  section  of  the  board. 

In  the  course  of  five  months,  the  Division  of  Analysis  prepared 
approximately  150  reports,  involving  some  425  establishments.  Some 
of  these  reports  were  lengthy  and  intricate,  involving  a  week  or  more 
in  preparation.  This  does  not  include  street  car  cases,  as  it  was 
found  more  effective  to  have  reports  in  these  cases  handled  by  tha 
special  street  railway  section  of  the  Division  of  Investigation. 

During  the  months  of  November  and  December,  19i<3,  and  Janu- 
ary, 1919,  the  Division  of  Analysis  maintained  a  staff  of  eight  men, 
and  an  organization  was  created  which  served  greatly  to  facilitate 
the  work  of  the  board.  In  some  cases  the  examiner's  reports  were 
supplemented  by  tentative  awards  drawn  up  by  members  of  the 
staff  of  the  Division  of  Analysis  at  the  direction  of  the  secretary. 


REPORT   SECRETARY   NATIONAL  WAR   LABOR  BOARD. 


27 


Other  work  of  digesting  also  was  done,  including  a  canvass  of  the 
docket  of  pending  cases  from  time  to  time.  The  coordination  of  the 
data  contained  in  orginal  complaints,  correspondence,  telegrams,  etc., 
involved  research  work  which,  it  is  believed,  served  greatly  to  ac- 
celerate the  hearing  and  consideration  of  various  cases. 


ESTABLISHMENTS  AND  WAGE  EARNERS  COVERED  BY  AWARDS. 

The  following  data,  assembled  by  the  Division  of  Analysis,  show 
with  fair  accuracy  the  extent  to  which  the  awards  and  findings  of 
the  board  have,  up  to  May  22,  1919,  directly  affected  the  industrial 
life  of  the  country. 


Industrial 
cases. 

Street 
railway 
cases. 

Total. 

Awards  and.  findings 

370 

89 

459 

Establishments  affected  

995 

89 

1  084 

Wage  earners  directly  affected 

a  589  225 

SO  271 

«GG9  4% 

Strikes  averted  or  called  off  as  direct  result  of  board's  intervention  .  . 

'  98 

40 

138 

«  Not  including  11  awards  for  which  number  of  persons  affected  is  not  known. 

The  number  of  wage  earners  directly  affected  by  awards  and  find- 
ings of  the  board  is  thus  seen  to  be  669,496.  This  number  includes 
only  those  employees  who  were  specified  directly  by  the  terms  of  the 
decision.  In  many  cases  the  decision  was  applied  in  practice  to  very 
many  more  employees  of  a  plant  than  those  in  whose  name  the  con- 
troversy was  filed.  Also  in  many  cases  a  decision  in  the  case  of  one 
plant  and  its  employees  was  accepted  and  applied  by  other  plants 
.similarly  situated.  The  number  of  wage  earners  ultimately  affected 
by  the  board's  decisions  was  thus  much  greater  than  the  number 
directly  affected. 

COST-OF-LIVING  SECTION. 

At  the  time  of  the  beginning  of  the  board's  activities  the  great 
rise  in  the  cost  of  living  had  precipitated  a  crisis  in  the  lives  of  many 
wage-earning  families,  for  wages  had  not  risen  to  correspond  with 
the  rise  in  prices  of  household  commodities.  The  unrest  found  outlet 
in  a  demand  that  wages  be  raised,  commensurate  with  the  cost  of 
living.  A  number  of  wage-setting  boards,  commissions,  and  em- 
ployers had  raised  wages  by  the  same  percentage  that  the  cost  of 
living  had  increased,  as  determined  after  special  surveys;  this  was 
notably  true  of  awards  of  the  Shipyard  Labor  Adjustment  Commis- 
sion and  the  Railroad  Wage  Commission.  Realizing  that  the  changes 
in  the  cost  of  living  would  be  a  vital  element  in  the  wage  settle- 
ments of  the  board,  Prof.  William  F.  Ogburn,  of  the  University  of 
Washington,  who  had  made  two  surveys  of  the  rise  in  the  cost  of 
living  for  the  Shipyard  Labor  Adjustment  Commission,  was  ap- 
pointed as  examiner  for  the  board.  Part  of  his  duties  was  to  furnish 
the  board  accurate  figures  on  the  changes  in  the  cost  of  living  accord- 
ing to  time  and  locality,  and  also  to  serve  as  an  authority  on  standards 
of  living  according  to  industry  and  classes  of  workmen. 


28       REPORT  SECRETARY  NATIONAL,  WAR  LABOR  BOARD. 

One  of  the  principles  and  policies  of  the  National  War  Labor 
Board  declared  the  right  of  all  workers  to  a  living  wage  and  stated 
that  minimum  rates  of  pay  should  be  established  to  insure  reasonable 
health  and  comfort.  The  importance  of  the  subject,  and  its  com- 
plexity, made  it  very  necessary  to  make  the  compilation  and  working 
up  of  the  data  scientific  and  accurate  to  the  highest  degree  possible. 
This  involved  a  considerable  amount  of  detailed  research,  and  three 
assistants  were  shortly  afterwards  provided.  This  force  was  con- 
tinued substantially  without  change,  save  in  cases  of  special  surveys, 
when  additional  assistance  was  borrowed  temporarily  from  other 
departments. 

The  demand  for  data  was  immediate,  particularly  in  connection 
with  certain  street  railway  cases.  A  collection  and  digest  of  the 
researches  of  various  authorities  on  cost  of  living  were  made.  The 
United  States  Bureau  of  Labor  Statistics  kindly  extended  the  use  of 
its  files  of  original  material,  much  of  which  was  tabulated.  Certain 
tentative  results  were  reached,  and  then  a  number  of  experts  and 
authorities,  all  who  were  readily  available,  were  called  for  especial 
consultation,  particularly  in  regard  to  food  requirements  and  min- 
imum standards  of  living. 

About  the  middle  of  July,  a  memorandum  embodying  the  best 
available  conclusions  at  that  time  on  the  cost  of  living,  a  booklet  of 
150  printed  pages,  was  prepared  and  presented  to  the  board.  This 
report  represented — 

1.  Conclusions  as  to  the  extent  of  the  increase  in  the  cost  of  living 
in  various  localities,  and  for  the  United  States  as  a  whole,  and 

2.  The  most  scientific  estimates  of  the  bare  minimum  of  subsistence 
and  of  the  standard  of  living  embodying  a  reasonable  amount  of 
health  and  comfort.     It  also  included — 

3.  A  large  number  of  special  reports  of  various  experts  on  partic- 
ular phases  and  aspects  of  the  cost  of  living. 

These  data  were  prepared  as  especially  bearing  on  the  declared 
policy  of  the  board  regarding  a  living  wage  and  minimum  rates  of 
pay. 

As  a  result  of  this  work  the  cost  of  living  wras  observed  to  be 
changing  monthly,  and  it  seemed  desirable  that  there  should  be  a 
continuous  revision  of  the  figures.  To  do  this  it  was  quite  evident 
that  a  country-wide  cost-of-living  survey  was  imperative.  As  it  was 
impracticable  for  the  staff  of  the  board  to  attempt  such  a  task,  a 
cooperative  arrangement  was  made  with  the  United  States  Bureau  of 
Labor  Statistics  which  was  in  possession  of  an  adequate  number  of 
statistical  machines  and  had  in  its  employ  several  score  of  trained 
investigators  and  statisticians.  The  Commissioner  of  Labor  Sta- 
tistics secured  an  allotment  of  $300,000  for  this  purpose  from  the 
President.  The  survey  was  begun  immediately  and  continues  to  the 
present  date,  about  100  localities  in  all  parts  of  the  country  having 
been  investigated.  The  planning  of  the  survey,  the  selection  of 
localities,  the  making  of  the  schedules,  the  compilation  and  working 
up  of  the  data,  were  done  through  almost  daily  collaboration  of  the 
cost-of-living  force  of  the  War  Labor  Board  and  the  Bureau  of 
Labor  Statistics,  in  order  that  the  data  be  for  such  localities  and  in- 
dustries, for  such  periods,  and  in  such  a  form  as  to  be  most  valuable 
for  the  uses  of  the  War  Labor  Board  in  making  its  decisions. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  29 

M 

The  general  cost-of -living  survey  mentioned  in  the  preceding  para- 

graph  furnished  data  for  periodic  measures  of  the  increased  cost  of 
ving.  A  large  number  of  awards  by  the  board  provided  for  a  re- 
vision of  the  award  at  certain  intervals  to  meet  changes  in  conditions. 
The  signing  of  the  armistice  so  curtailed  the  work  of  the  board  that 
there  have  been  very  few  requests  for  reopening.  The  cost-of-living 
force  of  the  board,  however,  prepared  and  had  ready  for  use  of  the 
board  the  necessary  information  by  localities  in  case  it  were  needed. 

In  certain  street  railway  cases  that  have  come  before  the  board 
from  cities  for  which  there  were  no  adequate  cost-of-living  data  the 
need  for  such  information  has  been  so  great  that  it  was  necessary  to 
make  special  surveys.  On  such  occasions  surveys  were  made,  by  the 
cost-of-living  department  of  the  War  Labor  Board,  of  Philadel- 
phia, New  Orleans,  and  Memphis. 

No  small  part  of  the  cost-of-living  work  of  the  board  has  been  tho 
general  bureau  of  information  used  in  answering  requests.  Quite  a 
number  of  examiners  at  various  times  have  come  to  the  cost-of-living 
department  for  particular  information  on  cases,  and  have  asked  for 
reports  on  particular  cities  and  for  specific  periods.  Less  fre- 
quently, members  of  the  board  have  sent  in  requests. 

On  two  occasions  Mr.  Ogburn  was  called  by  subpoena  as  a  witness 
on  cost  of  living,  once  before  Judge  Alschuler  in  Chicago  and  at 
another  time  by  Senator  Smith,  of  Arizona,  before  a  congressional 
committee.  Mr.  Ogburn  was  also  requested  by  a  member  of  the 
board  to  testify  at  the  hearing  on  the  New  York  Harbor  case. 

HUGH  S.  HANNA, 

Chief  Examiner. 

DEPARTMENT  OF  ADMINISTRATION  OF  AWARDS. 

As  soon  as  the  awards  of  the  board  became  at  all  numerous  there 
was  apparent  the  necessity  of  specializing  the  work  of  supervising 
the  execution  of  their  various  provisions.  The  Division  of  Admin- 
istration of  Awards  accordingly  was  created  by  the  Secretary. 

The  policy  and  practice  of  the  board  has  been  to  encourage  to 
the  greatest  possible  extent  the  self-execution  of  its  findings  and 
even  of  its  awards.  In  a  very  large  number  of  cases,  however,  it 
was  specifically  provided  in  the  award  that  an  examiner — or  an 
administrator,  as  he  came  to  be  called — should  be  sent  to  interpret 
the  award  and  to  assist  in  carrying  out  its  provisions,  particularly 
those  having  to  do  with  collective  bargaining.  In  addition,  a  vast 
number  of  requests  for  administrators  has  been  received  in  other 
cases  where  the  sending  of  an  administrator  was  not  provided  for 
in  the  award  or  was  made  contingent  upon  such  a  request  being 
made  by  one  or  both  of  the  parties.  The  number  of  administrators 
available  has  seldom  been  sufficient  to  fully  meet  these  requests  for 
interpretation,  mediation,  or  supervision  of  shop  elections,  as  the 
case  might  be. 

At  certain  stages  of  the  work,  particularly  during  the  last  two 
or  three  months,  much  of  this  had  to  be  attempted  by  correspondence, 
due  to  the  reduction  of  the  staff  to  a  fraction  of  its  former  strength. 
These  efforts  have  not  proved  satisfactory  in  most  cases  because 
of  the  impossibility  of  getting  effective  cooperation  from  companies 


BOR   BOARD. 
f— 

I  and  bodies  of  workmen  with  little  or  no  experience  in  the  mutual 
:  adjustment  of  labor  difficulties  through  conferences  between  man- 
agement and  shop  committees.  It  has  generally  been  found  that 
where  such  experience  was  lacking  there  was  no  adequate  substitute 
for  the  personal  work  of  an  administrator  on  the  ground.  Often 
in  two  or  three  days  an  administrator  has  been  able  to  eliminate 
old,  half-conscious  causes  of  misunderstanding,  to  allay  mutual  sus- 
picion and  ill  will,  and  to  leave  the  parties  to  the  award  with  a  new 
conception  of  their  relation  to  each  other  and  their  duty  to  tho 
country  in  a  time  of  crisis. 

Taking  all  cases  into  consideration,  a  total  of  180  awards  and 
findings  have  been  administered  by  this  division,  including  71  street 
railway  cases.  Administrators  have  been  present  in  person  in  128 
cases,  including  72  industrial  and  56  street  railway  cases. 

The  administration  of  the  street  railway  awards  was  susceptible 
of  a  high  degree  of  standardization,  due  to  the  fact  that,  unlike  the 
industrial  awards,  they  had  a  common  authorship — all  of  them 
being  written  by  the  joint  chairmen — and,  more  important  still, 
they  related  to  a  single  industry  of  a  remarkably  homogeneous 
character.  When  the  outstanding  problems  of  administration  had 
therefore  once  been  encountered  and  solved  these  solutions  could 
be  applied  with  only  slight  modifications  to  scores  of  cases  which 
arose  subsequently.  Another  factor  which  can  hardly  be  overem- 
phasized in  this  connection  was  the  highly  organized^  character  of 
the  employees  in  the  street  railway  industry.  Instead  of  being 
obliged  to  spend  weeks  and  even  months  building  up  systems  of 
representation  of  workers  so  that  there  might  be  proper  persons  with 
whom  to  deal  on  behalf  of  employees  a  strong  and  thoroughly  or- 
ganized international  union,  which  was  already  in  contractual  rela- 
tions with  the  companies,  was  encountered  in  most  cases.  This 
avoided  the  delay  and  expense  otherwise  inevitable  in  the  adminis- 
tration of  award. 

The  industrial  awards,  on  the  other  hand,  have  presented  a  bewil- 
dering variety  of  conditions  and  have  in  many  cases  necessitated 
setting  up  elaborate  machinery  for  the  institution  of  collective  bar- 
gaining between  company  and  employees.  This  was  conspicuously 
true  of  the  Bridgeport  award,  where  over  60  establishments,  employ- 
ing 60,000  men  and  women,  were  involved.  In  the  original  elections 
held  there  in  September,  1918,  for  the  purpose  of  choosing  delegates 
to  a  workers'  convention,  which  subsequently  chose  three  labor  mem- 
bers of  the  local  board  of  mediation  and  conciliation,  a  force  of  30 
agents  of  the  board  was  required  for  a  brief  period,  a  force  larger 
than  the  total  number  of  administrators,  which  never  exceeded  25. 
The  additional  agents  used  at  these  elections  were  recruited  from 
other  divisions  of  the  staff.  At  the  later  shop  elections  in  Bridge 
port;  at  Bethlehem,  where  shop  committees  for  30,000  workers  were 
elected;  at  the  Philadelphia  Rapid  Transit  Co.'s  branches;  at  the 
various  plants  of  the  Corn  Products  Refining  Co.,  and  in  other  im- 
portant awards,  several  administrators  were  required  for  consider- 
able periods,  while  the  principles  of  the  board  relating  to  collective 
bargaining  were  being  translated  into  actual  operating  systems  in 
accordance  with  the  terms  of  the  awards. 

At  the  plants  of  the  General  Electric  Co.  at  Lynn,  Pittsfield,  and 
Schenectady,  at  Bethlehem,  at  the  Midvale  Steel  Co.,  at  Bridgeport, 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  31 

and  in  numerous  other  cases,  prolonged  negotiations  under  the  aus- 
pices of  administrators  were  required  in  order  to  work  out  the  adjust- 
ments called  for  by  the  awards  of  the  board. 

A  large  part  of  the  work  of  administration  of  awards  has  been 
quasi -judicial  in  character,  consisting  in  part  of  the  holding  of  hear- 
ings to  determine  the  rights  of  employees  to  reinstatement  in  their 
old  positions,  or  to  increased  wages,  or  to  back  pay  under  the  findings 
of  the  board.  An  even  larger  task,  likewise  quasi-judicial  in  char- 
acter, has  been  the  work  of  interpretation  of  the  awards  and  findings, 
Language  which  has  appeared,  when  read  over  at  Washington,  to 
admit  of  but  one  construction,  to  be  proof  against  troublesome  excep- 
tions and  to  cover  every  possible  contingency,  has  proved  over  and 
over  again  to  require  interpretation  when  read  in  the  factory  or  mill 
in  the  light  of  the  technical  details  about  which  only  persons  on  the 
ground  can  be  adequately  informed. 

Hence,  it  has  been  necessary  for  very  numerous  rulings  to  be 
handed  down  by  administrators  in  the  field.  In  case  of  doubt,  they 
have  consulted  with  the  chief  administrator  and  the  Secretary,  and 
in  cases  where  the  original  intent  of  the  award  or  finding  was  in 
question,  resort  has  been  had  to  the  section  of  the  board  which 
wrote  the  award.  In  a  few  cases  these  rulings  have  been  reversed 
upon  subsequent  appeal  to  the  board  by  one  of  the  parties  at  issue, 
but  in  the  vast  majority  of  cases  they  have  stood  as  the  recognized 
interpretation  of  the  meaning  and  intent  of  the  instrument  and  have 
been  so  applied. 

In  the  street  railway  awards  a  total  of  142  separate  points  wero 
ruled  upon  by  the  administrators,  as  many  as  15  points  coming  up 
in  connection  with  a  single  award.  The  items  covered  by  adminis- 
trators5 rulings  in  the  industrial  awards  would  reach  a  total  of  many 
hundreds.  In  the  Bridgeport  and  Corn  Products  cases,  approxi- 
mately 80  rulings  each  were  handed  down,  many  of  them  covering 
very  difficult  and  complicated  problems  of  wage  computation,  classi- 
fication of  occupations,  alleged  discriminations,  and  other  technical 
matters  involving  an  extensive  investigation  on  the  ground.  Such 
rulings  ordinarily  were  handed  down  only  after  such  an  exhaustive 
canvass  of  the  situation  with  all  parties  involved,  that  they  virtually 
represented  a  consensus  of  opinion.  Some  administrators  found 
it  possible  in  this  way  to  so  eliminate  excessive  claims  and  unreason- 
able contentions  that  they  had  merely  to  promulgate,  as  an  official 
ruling,  what  both  parties  to  the  award  had  agreed  to  be  a  fair  settle- 
ment. This  was  notably  the  case  with  the  Kewanee  and  Corn  Prod- 
ucts rulings,  which  embody  some  of  the  most  striking  results  of  the 
work  of  this  division. 

A  number  of  women  representatives,  under  the  direction  of  Miss 
Marie  Obenauer,  were  attached  to  this  division  for  a  time,  in  order  to 
supervise  the  execution  of  such  features  of  the  awards  and  findings 
as  related  specifically  to  women  workers.  With  the  signing  of  the 
armistice,  however,  a  very  rapid  demobilization  of  women  war 
workers  began,  and  it  proved,  therefore,  unnecessary  to  retain  this 
force  as  a  permanent  feature  of  the  work. 

A  valuable  feature  of  the  work  of  administration  of  awards  way 
that  carried  on  by  Dr.  Howard  Fisher,  who  was  designated  to  super- 
vise the  execution  of  the  sanitary  provisions  which  are  found  in  a 


32  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

considerable  number  of  awards.  He  personally  visited  mines,  smelt- 
ers, and  industrial  establishments  in  many  sections  of  the  country, 
interpreting  requirements  of  the  board  in  regard  to  the  hygiene  and 
safety  of  workers.  He  was  also  able  to  submit  valuable  reports  to 
the  secretary  of  the  board  in  certain  cases,  in  advance  of  the  handing 
down  of  a  decision  by  the  board. 

Detailed  reports  upon  the  principal  awards  which  have  been  ad- 
ministered are  on  file  with  the  secretary  of  the  board,  together  with 
copies  of  the  principal  documents  which  have  grown  out  of  the  work 
of  this  division. 

Mr.  Wyatt  B.  Angelo  has  acted  as  assistant  chief  of  this  depart- 
ment from  its  inception. 

ERVILLE  B.  WOODS, 
Chief  Administrator* 


APPENDIX  I 


SPECIAL  REPORT  ON  PUBLIC  UTILITY  CASES 

By 
CHARLTON  OGBURN 


121338°— 20 3 


APPENDIX  I. 
SPECIAL  REPORT  ON  PUBLIC  UTILITIES  CASES. 

NATIONAL  AVAR  LABOR  BOARD, 

IV  ashing  ton,  May  #/v,  1910. 

Mr.  W.  JETT  LAUCK, 

Secretary  National  }\'ar  Labor  Botti'tl* 

Washington,  D.  C. 

Pursuant  to  your  request,  the  writer  herewith  makes  a  report  to 
you  of  all  electric  railway  cases  which  have  been  before  the  War 
Labor  Board. 

Electric  railway  cases  were  segregated  by  you  and  placed  in  the 
hands  of  a  special  unit,  under  your  direction,  both  for  the  purpose 
of  investigations  prior  to  awards  and  for  interpretations  subsequent 
to  awards.  All  electric  railway  cases  were  referred  to  the  joint  chair- 
men, as  a  section,  for  their  report  to  the  board  and  findings. 

The  preparation  of  these  cases  for  the  consideration  of  the  joint 
chairmen,  and  the  administration  of  the  awards  made  in  these  cases, 
were  in  the  hands  of  this  special  electric  railway  unit,  under  your 
direction. 

I.  HEARINGS. 

(a)  Hearings,  including  evidence  and  arguments  submitted,  cov- 
ering electric  railway  cases,  were  held  us  follows : 

23.  Joplin  &  Pittsburg  Railway  Co. ;  before  joint  chairmen,  Kan- 
sas City,  May  24,  1918. 

26.  Philadelphia  Rapid  Transit  Co.;  before  the  board,  Washing- 
ton, May  24,  1918. 

31.  Cleveland  Railway  Co.;  before  joint  chairmen,  Chicago,  May 
28,  and  Washington,  June  24  and  26,  1918. 

32.  Detroit  United  Railway  Co.;  before  joint  chairmen,  Chicago, 
May  28,  and  Washington,  June  24  and  26,  1918. 

4*2.  Scranton  Railway  Co. ;  before  joint  chairmen,  Scranton,  Pa., 
June  2,  and  before  examiner,  Scranton,  June  11  to  13,  1918. 

43.  East  St.  Louis  Lines   (East  St.  Louis  &  Suburban  Railway; 
Alton,  Granite  &  St.  Louis  Traction  Co.,  and  East  St.  Louis  Rail- 
way Co.) ;  before  examiner,  St.  Louis,  July  13, 1918. 

44.  Sehenectacly  Railway  Co.;  before  examiner,  New  York  City, 
July  12, 1918. 

57.  Cleveland,  Southwestern  &  Columbus  Railway  Co.;  before  ex- 
aminer, Columbus,  Ohio,  July  17  and  18, 1918. 

59a.  Chicago  Surface  Lines  and  Chicago  Elevated  Railways;  59b, 
Chicago  &  West  Towns  Railway  Co. ;  59c,  Evanston  Railway  Co. ;  be- 
fore board,  June  12;  before  examiner,  Chicago,  July  12  to  15,  and 
before  joint  chairmen,  Washington,  July  22,  24,  and  25,  1918. 

35 


36  REPORT  SECRETARY   NATIONAL  WAR  LABOR  BOARD. 

69.  Public  Service  Railway  Co.  of  New  Jersey ;  before  joint  chair- 
men. Newark,  June  9,  and  Washington,  June  22,*and  before  examiner, 
New  York  City,  July  12,  1918. 

72.  Portland  ( Oreg. )  Railway,  Light  &  Power  Co..  city  lines ;  before 
board,  June  12,  before  joint  chairmen,  June  24,  and  before  examiner, 
July  20,  1918,  all  in  Washington. 

83.  Jacksonville  (Fla.)  Traction  Co.;  before  examiner,  Washing- 
ton, July  20;  in  Jacksonville,  October  IT,  and  Washington,  November 
12-13,  1918. 

93.  Kansas  City  &  Western  Railway  Co. ;  before  examiner,  Kansas 
City,  July  16  and  17,  and  July  20,  and  before  joint  chairmen,  Wash- 
ington, October  2,  1918. 

96.  United  Traction  Co.,  Albany,  N.  Y. ;  before  joint  chairmen, 
Washington,  June  22,  and  before  examiner,  July  12,  New  York  City. 

98.  New  Orleans  Light  &  Power  Co. ;  before  joint  chairmen,  Wash- 
ington, June  22,  with  rehearing  September  30,  and  before  examiner, 
Washington,  September  23,  1918. 

109.  Galesburg  Railway,  Lighting  &  Power  Co.,  Galesburg,  111.; 
before  joint  chairmen,  Washington,  June  22,  before  examiner,  St. 
Louis,  July  13,  and  on  rehearing  before  joint  chairmen,  October  2, 
Washington,  and  before  examiner,  November  21,  1918,  in  Wash- 
ington. 

120.  New  York  State  Railways,  Rochester,  N.  Y. ;  before  examiner, 
July  12,  1918,  New  York  City,  and  before  joint  chairmen,  Washing- 
ton^  July  22.  Intervention  of  Rochester  &  Syracuse  Railroad  Co., 
before  joint  chairmen,  Washington,  October  16,  1918. 

131.  Pennsylvania-New  Jersey  Railway  Co.;  before  examiner, 
New  York  City,  July  12,  1918. 

146.  Columbus  Railway,  Power  &  Light  Co.,  Columbus,  Ohio;  be- 
fore examiner,  Columbus,  July  17, 1918. 

150.  Dayton  Street  Railway  Co.,  Peoples'  Railway  Co.,  City  Rail- 
way Co.,  and  Oakwood  Street  Railway  Co.,  all  of  Dayton,  Ohio ;  before 
joint  chairmen,  Washington,  July  20;  before  examiner,  Washington, 
September  26  and  October  2,  1918. 

152.  International  Railway  Co.,  of  Buffalo,  N.  Y.,  before  examiner, 
New  York  City,  July  12,  1918. 

154.  Omaha  Street  Railway  Co.;  before  examiner,  Kansas  City, 
July  18  and  19,  1918,  and  January  2  and  3,  before  joint  chairmen, 
Omaha,  Nebr. 

159.  Georgia  Railway  &  Power  Co.,  Atlanta,  Ga. ;  before  examiner, 
Washington,  September  23,  October  14  and  19.  and  November  8,  At- 
lanta, and  before  joint  chairmen,  Washington,  October  1  and  No- 
vember 22,  1918. 

165.  Wilkes-Barre  Railway  Co.;  before  examiner,  Washington, 
December  17,  1918. 

173.  Denver  City  Tramway  Co. ;  before  examiner,  Denver,  Colo., 
September  20,  1918. 

175.  East  St.  Louis,  Columbia  &  Waterloo  Railway,  East  St. 
Louis;  before  examiner,  St.  Louis,  September  24,  1918. 

180.  Rhode  Island  Railway   Co.,  Providence,  R.  I.;  before  ex- 
aminer, Washington,  July  23,  1918. 

181.  Boston  Elevated  Railway  Co. ;  before  examiner,  Washington, 
July  23,  1918,  and  before  board \recess  committee),  Washington,  No- 
vember 13. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  37 

192.  Birmingham  Street  Railways,  Birmingham,  Ala. ;  before  ex- 
aminer, Washington,  July  13  and  September  25,  1918,  and  before 
joint  chairmen,  Washington,  September  30  and  October  1,  1918. 

193.  Cleveland,  Painesville  &  Ashtabula  Railway  Co.,  and  Cleve- 
land, Painesville  &  Eastern  Railway  Co.;  before  examiner,  Colum- 
bus, Ohio,  July  17,  1918. 

196.  Twin  City  Street  Railway  Co.,  St.  Paul,  Minn.;  before  ex- 
aminer, Minneapolis,  January  14,  1919,  before  board,  Washington, 
March  13,  and  before  joint  chairmen,  Minneapolis,  October  10,  1918. 

197.  Springfield  Consolidated  Railway  Co.,  Springfield,  111.;  be- 
fore examiner,  Washington,  December  19,  1918. 

203.  Auburn  &  Syracuse  Electric  Railroad  Co.;  before  examiner, 
Washington,  October  7,  1918. 

205.  Memphis  Street  Railway  Co.,  Memphis,  Tenn.;  before  ex- 
aminer, Washington,  September  11,  1918,  and  before  joint  chairmen, 
Washington,  September  30,  1918. 

210.  Interurban  Lines  of  the  Portland  Railway,  Light  &  Power 
Co.,  Portland,  Oreg. ;  before  examiner,  Portland,  September  30, 1918. 

214.  Pacific  Electric  Railway  Co.,  Los  Angeles,  Calif. ;  before  ex- 
aminer, Los  Angeles,  January  3  to  February  10,  and  before  joint 
chairmen,  Washington,  March  14,  1919. 

246.  Syracuse  Northern  Electric  Railway  Co.;  before  examiner, 
Washington,  October  7, 1918. 

251.  Knoxville  Railway  &  Light  Co.,  Knoxville,  Tenn. ;  before  ex- 
aminer, Washington,  October  28,  November  14,  and  December  2,  and 
before  joint  chairmen,  Washington,  November  22,  1918. 

265.  Kansas  City  Railways  Co. ;  before  examiner,  Kansas  City, 
August  27,  postponed  until  September  16,  Kansas  City;  before  joint 
chairmen,  Washington,  September  30  and  October  1;  January  3, 
Omaha,  Nebr.,  and  January  18,  Washington,  D.  C. 

266.  Kansas  City  Railways  Employees  Brotherhood;  before  ex- 
aminer,  Kansas   City,   September   16,   and  before  joint  chairmen, 
Washington,  September  30,  1918. 

267.  Mobile  Light  &  Railroad  Co.,  Mobile,  Ala. ;  before  examiner, 
Washington,  December  20,  1918. 

268.  Ottumwa  Railway  &  Light  Co.,  Ottumwa,  Iowa;  before  ex- 
aminer, Ottumwa,  Iowa,  October  3, 1918. 

271.  Butte  Electric  Railway  Co.;  before  examiner,  Butte,  Mont., 
September  24,  1918. 

278.  Rochester  &  Syracuse  Railroad  Co.;  before  examiner,  Wash- 
ington, October  7,  1918. 

279.  Syracuse  &  Suburban  Railroad  Co.;  before  examiner,  Wash- 
ington, October  7,  1918. 

282.  Shamokin  &  Mt.  Carmel  Transit  Co.,  Mt.  Carmel,  Pa. ;  before 
examiner,  Washington,  December  18,  1918. 

283.  New  York  Consolidated  Railroad  Co.,  New  York  City ;  before 
examiner,  New  York  City,  August  20,  and  before  joint  chairmen, 
New  York  City,  September  19,  1918. 

289.  Empire  State  Railroad  Corporation ;  before  examiner,  Wash- 
ington, October  7,  1918. 

294.  Des  Moines  City  Railway  Co.  and  Interurban  Railway  Co., 
Des  Moines,  Iowa ;  before  examiner,  Washington,  October  3,  1918. 

296.  Ohio  Electric  Railway  Co.,  and  Lima  Street  Railway  Co., 
Lima,  Ohio;  before  examiner,  Washington,  November  25, 1918. 


38       REPORT  .SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

302.  Columbus  Railway  Co.,  Columbus,  (la. ;  before  examiner, 
Washington,  September  26,  and  before  joint  chairmen,  Washington, 
October  1, 1918. 

331.  Danville,  Urbana  &  Champaign  Railway  Co.  et  al.,  Joliet, 
111.:  before  examiner,  Washington,  November  23/1918. 

332.  Third  Avenue  Railway  Co..  New  York;  before  examiner,  New 
York  City,  December  30,  1918. 

343.  Tri-City  Railway  Co.  of  Illinois  and  Iowa ;  before  examiner, 
Washington,  December  9,  1918. 

344.  Division  313  A.  A.  S.  &  E.  R.  E.  of  A.  v.  Tri-City  Railway 
Co.;  see  343. 

345.  Division  599  A.  A.  S.  &  E.  R.  E.  of  A.  v.  Clinton,  Davenport 
&  Muscatine  Railway  Co. ;  see  343. 

348.  BlooHiington"  &  Normal  Railway  &  Light  Co.,  Blooming-ton, 
111.;  before  examiner,  Washington,  January  14,  1919. 

405.  Michigan  United  Railway  Co. ;  before  examiner,  Washington, 
October  26,  1918. 

407.  Cincinnati,  Lawrenceburg  &  Aurora  Electric  Street  Railway 
Co.,  Cincinnati,  Ohio ;  before  examiner,  Washington,  October  21, 1918. 

408.  Cincinnati  Traction  Co.,  Cincinnati,  Ohio;  before  examiner, 
Washington,  October  21,  1918,  and  Cincinnati,  January  7,  1919;  ami 
before  joint  chairmen,  Washington,  October  26,  1918,  and  April  30, 
1919. 

409.  Cincinnati  &  Columbus  Traction  Co.,  Cincinnati,  Ohio;  before 
examiner,  Washington,  October  21, 1918. 

410.  Cincinnati,  Milford   &   Loveland   Traction  Co.,   Cincinnati, 
Ohio;  before  examiner,  Washington,  October  22, 1918. 

414.  Louisville  Street  Railway  Co.,  Louisville,  Ky. ;  before  exam- 
iner, Washington,  October  24,  1918,  and  January  17/1919,  and  before 
joint  chairmen,  Washington,  March  15, 1919. 

432.  Cumberland  County  Power  &  Light  Co.,  Portland,  Me. ;  before 
examiner,  Washington,  October  25, 1918. 

442.  Philadelphia  Railways  Co.,  Philadelphia,  Pa.;  before  exam- 
iner, Washington,  September  27, 1918. 

444.  Detroit  United  Railway  (women  conductors) ;  before  joint 
chairmen,  Detroit,  Mich.,  December  13, 1918,  and  Washington,  Janu- 
ary 17, 1919. 

448.  Lewiston,  Augusta  &  Waterville  Street  Railway  Co.,  Augusta, 
Me. ;  before  examiner,  Washington,  October  28.  1918.  * 

452.  San  Diego  Street  Railway  Co.,  San  Diego,  Calif. ;  before  ex- 
aminer, San  Diego,  January  27, 1919. 

466.  Fort  Wayne  &  Northwestern  Railway  Co.,  Waterloo,  Ind. :  bo- 
f  ore  examiner,  Waterloo,  January  8, 1919. 

475.  Wilmington-Philadelphia  Traction  Co.,  Wilmington,  Del. ;  be- 
fore examiner,  Washington,  January  14, 1919. 

491.  Cleveland  Street  Railway,  Cleveland,  Ohio  (women  conduc- 
tors) ;  before  board,  Washington,  November  8.  1918,  and  March  13, 
1919. 

503.  Spokane  Inland  Empire  Railway,  Spokane,  Wash. ;  before  ex- 
aminer, Spokane,  February  10,  1919. 

525.  Peoria  Railway  Co.,  Peoria,  111. ;  before  examiner,  Peoria,  May 
17,  1919. 

527.  Toledo,  Bowling  Green  &  Southern  Traction  Co.,  Findlay, 
Ohio;  before  examiner,  Washington,  November  11, 1918. 


REPORT  SKORF/r  Alt  Y   NATIONAL  WAR   LABOR   BOARD.  39 

545.  Fort  Smith  Railway  Co.,  Fort  Smith.  Ark.;  before  examiner, 
Washington,  January  20, 1919. 

550.  Reading  Transit  &  Light  Co.,  Norristown,  Pa.;  before  exam- 
iner, Washington,  December  8, 1918. 

555.  Louisville  &  Northern  Railway  &  Lighting  Co.  and  Louisville 
&  Southern  Indiana  Traction  Co..  New  Albany,  Ind.;  before  exam- 
iner, Louisville,  Ky.,  March  11, 1919. 

564.  Union  Railway  Co.,  New  York  City;  before  examiner.  New 
York,  December  30,  1918. 

567.  Portland  Railway,  Light  &  Power  Co.,  Portland,  Oreg.  (elec- 
trical workers) ;  before  examiner,  Portland,  October  12,  1918. 

592.  Cincinnati,  Georgetown  &  Portsmouth  Railroad  Co.,  Cincin- 
nati, Ohio;  before  examiner,  Washington,  October  22, 1918. 

610.  San  Francisco-Oakland  Terminal  Co.,  Oakland,  Calif .;  before 
examiner,  Oakland,  February  17  and  18, 1919. 

627.  Ohio    Electric    Railway     Co.     (Lima     Interurban    Lines)  ; 
627a.  Ohio  Electric  Railway  Co.  (Zanesville  Lines)  ;  627b.  Ohio  Elec- 
tric Railway  Co.  (Springfield  Interurban  Lines) ;  627c.  Ohio  Electric 
Railway  Co.  (Newark  Lines)  ;  before  examiner,  Washington,  Novem- 
ber 25,  1918. 

628.  Buffalo  &  Lake  Erie  Traction  Co.,  Erie,  Pa. ;  before  examiner, 
Washington,  November  22,  1918. 

631.  Cleveland  &  Erie  Traction  Co.,  Girard,  Pa.;  before  examiner, 
Washington,  December  4,  1918. 

634.  Bay  State  Hallway  Co.,  Boston,  Mass. ;  before  examiner,  B6s- 
ton,  November  4,  Washington,  November  12,  and  before  joint  chair- 
men, Washington,  December  3,  1918. 

672.  Schuylkill  Railway  Co.,  Girardsville,  Pa.;  before  examiner. 
Washington,  December  9,  1918. 

695.  Charleston  Consolidated  Railway  Co.,  Charleston.  S.  C.;  be- 
fore examiner,  Washington,  November  12,  1918. 

706.  Danville  Street  Railway  &  Light  Co.,  Danville,  111.;  before 
examiner,  Washington,  December  7,  1918. 

707.  International  Railway  Co.,  Buffalo,  N.  Y. ;  before  board  (re- 
cess committee),  Washington,  November  13,  1918. 

748.  Savannah  Electric  Co.,  Savannah,  Ga.  (two  cases)  ;  before, 
examiner,  Savannah,  November  10,  1918,  and  January  6  and  7,  1919. 

751.  Brooklyn  Rapid  Transit  Co.,  Brooklyn,  N.  Y. :  before  ex- 
aminer, New  York,  December  31,  1918. 

753.  Los  Angeles  Railway  Co.,  Los  Angeles,  Calif.;  before  ex- 
aminer, Los  Angeles,  December  9,  1918. 

851.  Boston  &  Worcester  Street  Railway,  Framingham,  Mass. ;  be 
fore  examiner,  Washington,  December  11,  1918;  before  joint  chair- 
men, Boston,  February  7, 1919 ;  and  before  joint  chairmen,  New  York, 
May  9,  1919. 

908.  Hudson  Valley  Railway  Co.,  Albany,  N.  Y. ;  before  examiner, 
New  York,  March  20,  1919;  and  before  joint  chairmen,  Washington, 
April  30,  1919. 

950.  St.  Joseph  Railway,  Light,  Heat  &  Power  Co.,  St.  Joseph, 
Mo.;  before  examiner,  Washington,  January  21,  1919. 

1049.  Washington  Railway  &  Electric  Co.,  Washington,  D.  C.:  be- 
fore examiner,  Washington,  January  30, 1919. 

1125.  Pacific  Gas  &  Electric  Co.',  Sacramento^  Calif.;  before  ex- 
aminer, Sacramento,  March  12,  1919. 


40  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

1140.  Toledo  Railway  &  Light  Co.,  Toledo,  Ohio;  before  examiner, 
Toledo,  May  2  and  3,  1919. 

1144.  Public  Service  Railway  Co.,  Newark,  N.  J. ;  before  examiner, 
Newark,  May  10  and  24,  1919. 

In  addition  to  the  foregoing,  hearings  were  had  in  the  public  util- 
ity cases  as  follows: 

440.  Intermountain  Power  Co.,  Montana  and  Washington;  before 
joint  chairmen,  Minneapolis,  Minn.,  October  10,  1918,  and  before  ex- 
aminer, Minneapolis,  October  11,  1918. 

544.  Montana  Power  Co.,  Billings,  Mont.;  before  examiner,  Bill- 
ings, February  13,  1919. 

583.  Great  Falls  Power  Co.  and  Montana  Power  Co.,  Great  Falls, 
Mont.;  before  joint  chairmen,  Minneapolis,  October  10,  1918,  and 
before  examiner,  Minneapolis,  October  11,  1918. 

910.  Kings  County  Lighting  Co.,  Brooklyn,  N.  Y.;  before  exam- 
iner, New  York  City,  November  8,  1918. 

1041.  Municipal  Gas  Co.,  Albany,  N.  Y. ;  before  examiner,  Albany, 
February  8, 1919. 

1050.  Louisville  Gas  &  Electric  Co.,  Louisville,  Ky. ;  before  ex- 
aminer, Louisville,  February  18,  1919. 

With  the  exception  of  13  cases,  the  employees,  parties  in  all  of  the 
foregoing  electric  railway  hearings,  are  union  employees — members 
of  the  Amalgamated  Association  of  Street  and  Electric  Railway  Em- 
ployees of  America.  Of  the  13,  the  employees  in  three  cases  were 
members  of  the  Brotherhood  of  Railway  Trainmen  and  the  Brother- 
hood of  Locomotive  Engineers;  the  employees  in  7  of  these  13 
cases  are  members  of  local  unions  not  affiliated  with  the  American 
Federation  of  Labor  or  with  any  other  national  body.  This  includes 
two  organizations  of  women  conductors.  The  employees  in  the  re- 
maining three  cases  wrere  not  members  of  any  union,  but  the  cases 
were  brought  before  us  by  employees  discharged  for  joining  the 
Amalgamated  Association  of  Street  and  Electric  Railway  Employees. 

In  three  of  the  electric  railway  cases,  and  in  all  of  the  gas  and 
power  company  cases  except  one,  the  employees  parties  to  the  case  are 
members  of  the  International  Brotherhood^  of  Electrical  Workers. 

(£)  Reports  were  made  by  the  examiner  of  all  of  the  above-stated 
hearings,  and  transmitted  through  the  secretary  to  the  joint  chair- 
men. 

II.  AWARDS,  FINDINGS,  ORDERS,  AND  DISMISSALS. 

(a)   The  board  has  made  91  electric  railway  awards,  as  follows: 
23.  Joplin  &  Pittsburg  Railway  Co.,  Joplin,  Mo. 

31.  Cleveland  Railway  Co.,  Cleveland,  Ohio. 

32.  Detroit  United  Railway  Co.  (2  awards),  Detroit,  Mich. 

42.  Scranton  Railway  Co.,  Scranton,  Pa. 

43.  East  St.  Louis  &  Suburban  et  al.,  East  St.  Louis,  111. 

44.  Schenectady  Railway  Co.,  Schenectady,  N.  Y. 

57.  Cleveland,  Southwestern  &  Columbus,  Cleveland,  Ohio. 

59a.  Chicago  Elevated  Lines,  Chicago  Surface  Lines,  Chicago,  111. 

59b.  Chicago  &  West  Towns  Railway  Co.,  Chicago,  111. 

59c.  Evanston  Railway  Co.,  Chicago,  111. 

69.  Public  Service  Railway  Co.,  Newark,  N.  J. 

72.  Portland  Railway,  Light  &  Power  Co.,  Portland,  Oreg. 

83.  Jacksonville  Traction  Co.,  Jacksonville,  Fla. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  41 

\ 

93.  Kansas  City  &  Western  Railway  Co.,  Leavenworth,  Kans. 

06.  United  Traction  Co.,  Albany,  N.  Y. 

98.  New  Orleans  Railway  &  Light  Co.  (two  awards),  New  Orleans, 
La. 

109.  Galesburg  Railway,  Light  &  Power  Co.  (two  awards),  Gales- 
burg,  111. 

120.  New  York  State  Railways  (two  awards),  Rochester,  N.  Y. 

131.  Pennsylvania-New  Jersey  Railway  Co.,  Trenton,  N.  J. 

146.  Columbus  Railway,  Light  &  Power  Co.,  Columbus,  Ohio. 

150a.  Dayton  Street  Railway  Co.,  Dayton,  Ohio. 

150b.  The  City  Railway  Co.,  Dayton,  Ohio. 

150c.  The  Peoples  Railway  Co.,  Dayton,  Ohio. 

150d.  The  Oakwood  Street  Railway  Co.,  Dayton,  Ohio. 

152.  International  Railway  Co.,  Buffalo,  N.  Y. 

154.  Omaha  &  Council  Bluffs  Street  Railway  Co.,  Omaha,  Nebr. 

159.  Georgia  Railway  &  Power  Co.,  Atlanta,  Ga. 

167.  Cleveland  &  Eastern  Traction  Co.,  Cleveland,  Ohio. 

173.  Denver  City  Tramway  Co.,  Denver,  Colo. 

175.  East  St.  Louis,  Columbia  &  Waterloo  Railway  Co.,  East  St. 
Louis,  111.  * 

180.  The  Rhode  Island  Co.,  Providence,  R.  I. 

181.  Boston  Elevated  Railway  Co.,  Boston,  Mass. 

193.  Cleveland,  Painesville  &  Eastern  et  al.,  Cleveland,  Ohio. 
203.  Auburn  &  Syracuse  Electric  Railroad  Co.,  Auburn,  N.  Y. 
205.  Memphis  Street  Railway  Co.,  Memphis,  Tenn. 
210.  Portland  Railway,  Light  &  Power  Co.  (Interurban) ,  Portland, 
Oreg. 

214.  Pacific  Electric  Railway  Co.,  Los  Angeles,  Calif. 

246.  Syracuse  Northern  Electric  Railway  Co.,  Syracuse,  N.  Y. 

251.  Knoxville  Railway  &  Light  Co.,  Knoxville,  Tenn. 

265.  Kansas  City  Railways  Co.,  Kansas  City,  Mo. 

266.  Kansas  City  Railways  Co.,  Kansas  City,  Mo. 
268.  Ottumwa  fiailway  &  Light  Co.,  Ottumwa,  Iowa. 
271.  Butte  Electric  Railway  Co.,  Butte,  Mont. 

278.  Rochester  £  Syracuse  Railroad  Co.,  Syracuse.  N.  Y. 

279.  Syracuse  &  Suburban  Railroad  Co.,  Syracuse,  N.  Y. 
283.  New  York  Consolidated  Railroad  Co.,  Brooklyn,  N.  Y. 
289.  Empire  State  Railroad  Corporation,  Syracuse,  N.  Y. 

296.  Ohio  Electric  Railway  Co.  (Lima  City),  Springfield,  Ohio. 

302.  Columbus  Railroad  Co.,  Columbus,  Ga. 

332.  Third  Avenue  Railway  Co.,  New  York,  N.  Y. 

407.  Cincinnati,  Lawrenceburg  &  Aurora  Electric  Street  Railway 
Co.,  Cincinnati,  Ohio. 

408.  Cincinnati  Traction  Co.,  Cincinnati,  Ohio. 

409.  Cincinnati  &  Columbus  Traction  Co.,  Cincinnati,  Ohio. 

410.  Cincinnati,  Milford  &  Loveland  Traction  Co.,  Cincinnati,  Ohio. 
414.  Louisville  Street  Railway  Co.,  Louisville,  Ky. 

432.  Cumberland  County  Power  &  Light  Co.,  Portland,  Me. 

442.  Philadelphia  Railways  Co.,  Philadelphia,  Pa. 

444.  Detroit  United  Railway  Co.  (women),  Detroit,  Mich. 

448.  Lewiston,  Augusta  &  Waterville  Street  Railway,  Portland,  Me. 

452.  San  Diego  Street  Railway  Co.,  San  Diego,  Calif. 

475.  Wilmington-Philadelphia  Traction  Co.,  Wilmington,  Del. 

491.  Cleveland  Railway  Co.  (women),  Cleveland,  Ohio. 


42  REPORT   SECRETARY    NATIONAL   WAR   LABOR   BOARD. 

503.  Spokane  Inland  Empire  Railway,  Spokane,  Wash. 

527.  Toledo-Bowling  Green-Southern  Traction  Co.,  Findlay,  Ohio. 

550.  Norristown  Street  Railway  Co.,  Norristown,  Pa. 

555.  Louisville  &  Northern  Railway  &  Light  Co.,. New  Albany,  I nd. 

564.  Union  Railway  Co.,  New  York,  N.  Y. 

610.  San  Francisco  Terminal  Co.,  Oakland,  Calif. 

627.  Ohio  Electric  Railway  Co.   (Lima  Inter  urban).  Springfield, 
Ohio. 

627a.  Ohio  Electric  Railway  Co.  (Zanesville  Lines),  Springfield, 
Ohio. 

627b.  Ohio  Electric  Railway  Co.  (Springfield  Interurban) ,  Spring- 
field, Ohio. 

627c.  Ohio  Electric  Railway  Co.  (Newark  Lines),  Springfield, 
Ohio. 

628.  Buffalo  &  Lake  Erie  Traction  Co.,  Erie,  Pa. 
631.  Cleveland  &  Erie  Traction  Co.,  Girard,  Pa. 
634.  Bay  State  Street  Railway  Co.,  Boston,  Mass. 

695.  Charleston  Consolidated  Railway  &  Light  Co.,  Charleston, 

s.c. 

707.  International  Railway  Co.  (back  pay),  Buffalo,  N.  Y. 

748.  Savannah  Electric  Co.  (two  awards) ,  Savannah,  Ga. 

751.  Brooklyn  Rapid  Transit  Co.,  Brooklyn,  N.  Y. 

753.  Los  Angeles  Railway  Co.,  Los  Angeles,  Calif. 

851.  Boston  &  Worcester  Street  Railway  Co.,  Framingham,  Mass. 

950.  St.  Joseph  Railway,  Light,  Heat  &  Power  Co.,  St.  Joseph,  Mo. 

1049.  Washington  Railway  &  Electric  Co.,  Washington,  D.  C. 
1125.  Pacific  Gas  &  Electric  Co.,  Sacramento,  Calif. 

1140.  Toledo  Railways  Co.,  Toledo,  Ohio. 

The  board  has  made  six  awards  in  the  gas  and  power  company 
cases,  as  follows: 

544.  Montana  Power  Co.,  Billings,  Mont. 

583.  Great  Falls  Power  Co.  and  Montana  Power  Co.  (two  awards ) , 
Great  Falls,  Mont. 

440.  Intel-mountain  Power  Co.,  Montana  and  Washington. 

910.  Kings  County  Lighting  Co.,  Brooklyn,  N.  Y. 

1041.  Municipal  Gas  Co.,  Albany,  N.  Y. 

1050.  Louisville  Gas  &  Electric  Co.,  Louisville,  Ky. 

(b)  Recommendations  only  were  contained  in  11  of  the  foregoing 
awards,  for  the  reason  that  there  were  no  joint  submissions  in  those 
11  cases.  The  recommendations  were  followed  by  the  companies  in 
at  least  four  of  these  cases,  possibly  more. 

(<?)  The  board  dismissed  10  electric-railway  cases,  after  a  hearing, 
for  lack  of  jurisdiction.  These  cases  are  as  follows: 

192.  Birmingham  Street  Railways,  Birmingham,  Ala. 

197.  Springfield  Consolidated  Railway  Co.,  Springfield,  111. 

294.  Des  Moines  City  Railway  Co.  and  Interurban  Railway  Co., 
Des  Moines,  Iowa. 

343.  Tri-City  of  Illinois  and  Iowa,  Moline,  Rock  Island  and  East- 
ern Traction  Co.,  Davenport,  Iowa. 

344.  Tri-City  of  Illinois  and  Iowa,  Moline,  Rock  Island  and  East- 
ern Traction  Co.,  Davenport  Iowa. 

345.  Clinton,  Davenport   &  Muscatine  Railway   Co.,  Muscatine, 
Iowa. 


REPORT   SECRETARY   NATIONAL  WAR   LABOR   BOARD.  43 

348.  Bloomington  &  Normal  Railway  &  Light  Co.,  Bloomington,  III. 

545.  Fort  Smith  Light  &  Power  Co.,  Fort  Smith,  Ark. 

672.  Schuylkill  Railway  Co.,  Schuylkill,  Pa. 

282.  Shamokin  and  Mount  Carmel  Transit  Co.,  Mount  Carmel,  Pa. 

The  board  dismissed  8  electric-railway  cases,  after  a  hearing,  be- 
cause of  agreements  reached  by  the  parties  and  requests  for  dismissal. 
The  board  dismissed  28  electric  -  railway  cases,  after  agreements 
reached  by  the  parties,  before  a  hearing. 

Eighteen  electric-railway  cases  have  been  referred  to  the  Depart- 
ment of  Labor,  and  there  are  4  electric-railway  cases  still  pending 
on  which  no  hearing  has  been  had. 

Summing  up,  public  utility  cases  have  been  disposed  of  as  follows: 


and  findings  ___________________________________________________  91 

Cases  dismissed  after  hearing  ________________________________  !  ___________  17 

Cases  dismissed  after  agreement  _____________________________________________  28 

Cases  referred  to  Department  of  Labor  _________________________________  '.  __  18 

Cases   pending  ______________________________        ____________________  L  ____  7 

Total  __________________________________  :  _________________________  169 

III.  ADMINISTRATION  AND  INTERPRETATIONS. 

A  full  report  on  the  administration  and  interpretation  of  street 
railway  awards  was  made  by  Examiner  Arthur  Sturgis,  and  it  is 
therefore  not  thought  necessary  to  include  here  even  a  summary  of 
that  report. 

IV.  SUMMARY  or  AWARDS. 

(a)  Principles  and  policies.  —  The  principles  and  policies  to  govern 
relations  between  workers  and  employers,  upon  which  the  National 
War  Labor  Board  was  founded,  have  been  applied  by  this  board  in  a 
number  of  electric  railway  cases  and  in  all  electric  railway  cases  where 
required. 

(  1  )    RIGHT  TO  ORGANIZE. 

The  ruling  case  on  this  important  principle  was  contained  in  No. 
283,  the  employees  members  of  the  Brotherhood  of  Locomotive 
Engineers  versus  The  New  York  Consolidated  Railroad  Co.  (Brook- 
lyn Rapid  Transit  System),  This  principle  was  announced  and  fol- 
lowed in  three  other  New  York  cases  —  the  Third  Avenue  Railway  case, 
the  Union  Railway,  and  the  Brooklyn  Rapid  Transit  System;  the 
Jacksonville  (Fla.)  Traction  Co.,  the  Columbus  (Ga.)  Railroad  Co, 
(in  all  of  which  cases  the  Amalgamated  Association  of  Street  and 
Electric  Railway  Employees  of  America  was  complainant),  and  the 
Fort  Wayne  &  Northwestern  Railway  case. 

Only  in  the  above  seven  electric  railway  cases  was  the  question  of 
the  right  to  organize  an  issue. 

(  2  )     COLLECTIVE  BARGAINING. 

The  right  of  the  workers  to  bargain  collectively  through  their 
chosen  representatives  has  been  affirmed  by  the  board  in  a  number  of 
electric  railway  awards.  It  has  been  made  clear,  however,  that  an 
employer  is  not  bound  by  the  rules  of  this  board  to  recognize  or  deal 
with  a  union  as  such.  This  was  stated  in  the  Dayton,  Ohio,  case,  No. 
150:  the  Georgia  Railway  &  Power  case,  No.  159  ;  the  Columbus.  Ohio, 


44  REPORT  SECRETARY   NATIONAL  WAR  LABOR  BOARD. 

case,  No.  146,  and  three  California  cases — the  Pacific-Electric,  No. 
214,  the  Los  Angeles  Railway,  No.  753,  and  the  San  Diego  Railway, 
No.  452;  the  Savannah  Eailway  Co.,  No.  748,  and  the  Omaha  &  Coun- 
cil Bluffs  Street  Railway  Co.,  No.  154. 

In  this  last-named  case  the  joint  chairmen  clarified  the  meaning  of 
dealing  with  representatives  of  the  employees  withoul  recognizing  the 
union.  The  language  of  the  joint  chairmen  in  this  case  constituted  a 
very  important  extension  of  the  doctrine  of  collective  bargaining. 

(3)  REPRESENTATION   OF  WORKERS. 

The  board  has  held  in  several  electric  railway  cases  that  an  em- 
ployer, while  bound  to  deal  with  a  committee  of  his  own  employees, 
is  not  bound  to  deal  with  a  representative  not  an  employee  where 
he  was  not  accustomed  to  deal  with  such  an  outside  agency  prior  to 
the  war.  (See  Georgia  Railway  &  Power  Co.,  No.  159;  the  Dayton, 
Ohio,  cases,  No.  150;  and  Ohio  Electric  cases,  No.  627.) 

(4)  EQUAL  PAY  FOR  EQUAL  WORK. 

The  board  has  affirmed  the  principle  that  women  engaged  in  the 
electric  railway  industry  shall  receive  equal  pay  with  men  for  equal 
work.  This  is  contained  in  the  following  cases:  Rhode  Island  Co., 
No.  180;  Boston  Elevated,  No.  181;  Portland,  Oreg.,  No.  72;  Day- 
ton, Ohio,  No.  150;  Kansas  City,  Nos.  265  and  266;  Detroit,  No.  32; 
East  St.  Louis,  No.  175;  Portland,  Me.,  No.  432;  Lewiston,  Me., 
No.  448 ;  Albany  &  Syracuse,  No.  203 ;  Syracuse  Northern,  No.  2-16 ; 
Rochester  &  Syracuse,  No.  278;  Empire  State  Railroad,  No/289;  Cin- 
cinnati Traction  Co.,  No.  408;  Buffalo  &  Lake  Erie  Traction  Co., 
No.  628;  Ohio  Electric  Railway  Co.,  No.  627,  and  others. 

(5)    WOMEN   AS   CONDUCTORS. 

In  the  Cleveland  Railway  case,  No.  491,  the  board,  after  full  con- 
sideration, approved  the  employment  of  women  as  conductors,  on 
March  17,  1919,  reversing  a  former  peremptory  order  issued  Decem- 
ber 3, 1918,  made  after  a  preliminary  hearing  not  on  the  merits  and  in 
the  absence  of  the  women  who  were  affected.  In  the  award  of 
March  17,  1919,  the  board  held  that  these  women  conductors  should 
be  continued  in  employment. 

In  the  Detroit  Railway  case  the  employment  of  women  as  conduc- 
tors was  limited  by  a  contract  with  the  men's  union  to  cases  when 
necessity  exists  for  the  employment  of  women.  This  board  held  that 
at  the  time  of  the  hearing  iiTthe  Detroit  case,  January  18,  1919,  the 
necessity  still  existed  for  the  employment  of  women  already  in  the 
service  of  the  company  and  that  they  be  not  discharged. 

(6)    HOURS   OF  LABOR. 

No  general  deductions  can  be  made  from  the  rulings  of  the  board 
relative  to  hours  for  electric  railway  employees.  The  awards  on 
this  question  have  often  been  limited  by  the  terms  of  the  submission 
and  more  often  by  local  conditions.  They  have  been  affected  by 
the  operating  conditions  of  electric  railways,  especially  the  city 
lines.  The  board  has  been  forced  to  take  into  consideration  the  diffi- 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  45 

culty  of  a  street  railway  in  observing  a  short  work  day,  and  at  the 
same  time  in  caring  for  what  is  called  its  "  peak-load  "  traffic,  that 
is,  the  traffic  during  the  morning  and  evening  rush  hours.  It  has 
finally  had  to  take  into  consideration  somewhat  the  financial  con- 
dition of  the  electric  roads.  This  point  will  be  discussed  more  at 
length  under  the  question  of  wages. 

In  many  of  the  street  railway  cases  there  were  existing  contracts 
between  the  companies  and  the  union  fixing  hours,  and  this  board 
was  called  upon  only  to  fix  wages. 

In  the  electric  railway  cases  this  board  has  never  fixed  a  basic 
workday  or  named  the  maximum  number  of  hours  for  a  working- 
day.  It  has,  however,  in  several  cases  ruled  that  time  and  one-half 
should  be  paid  for  overtime  over  and  above  the  regular  schedule  runs. 
(See  Detroit  case,  No.  32;  Public  Service  Railway  of  New  Jersey, 
No.  69;  Kansas  City,  Nos.  265-266;  Portland,  Oreg.,  No.  210.) 

In  several  electric  railway  cases  the  board  has  declined  a  request 
for  an  eight-hour  working-day,  chiefly  on  the  ground  that  it  would 
tend  to  create  a  disturbance  of  existing  working  conditions,  (See 
Boston  &  Worcester,  No.  851;  the  Ohio  Electric  Co.,  No.  627.)  In 
the  Detroit  and  Cleveland  cases  it  was  held  that  runs  on  Sundays  and 
holidays  shall,  as  far  as  possible,  be  all  straight  runs  of  not  more  than 
eight  hours,  with  time  and  one-half  for  all  time  in  excess  of  eight 
hours.  The  same  provision  was  made  with  regard  to  night  runs  in  the 
Cleveland,  Detroit,  and  Kansas  City  cases. 

The  board  has,  in  an  endeavor  to  shorten  the  working  day  of  street 
railway  employees,  penalized  the  company  for  exceeding  a  maximum 
number  of  hours  for  the  elapsed  time  over  and  above  a  certain 
number  of  hours.  As  for  instance  in  the  Cleveland  case,  where  the 
elapsed  time  consumed  by  swing  runs  exceeds  14  hours,  an  addition 
in  pay  for  the  period  of  excess  was  given.  The  greater  the  elapsed 
lime  the  greater  the  excess  pay.  This  was  followed  also  in  the  De- 
troit case,  the  Public  Service  Railway  of  New  Jersey  case,  the  Omaha, 
Kansas  City,  Denver,  Boston  Elevated  cases,  etc. 

Minimum  guaranties  to  extra  men  have  been  made  in  the  following 
cases :  Public  Service  Railway  of  New  Jersey ;  Kansas  City  Railways ; 
Wilmington  &  Philadelphia  Traction  Co. ;  Albany,  N.  Y. ;  Ohio  Elec- 
tric Railway,  etc. 

(7)     INDIVIDUAL   CONTRACTS. 

The  joint  chairmen  ruled  in  the  Omaha  case,  No.  154,  and  the 
Washington  Railway  &  Electric  Co.,  No.  1049,  that  the  taking  of 
personal  contracts  restricting  the  right  of  the  men  to  join  the  union 
be  discontinued. 

(b)  Working  conditions. — The  board  has  made  various  rulings 
relative  to  working  conditions  of  electric  railway  employees.  These 
working  conditions  deal  with  pay  for  making  accident  reports, 
seniority  rights,  posting  notices  on  bulletin  board,  call  duty  for  regu- 
lar men,  deadheading,  free  transportation,  lay-off  time,  time  for 
meals,  pay  for  one-man  car,  wearing  of  overalls,  pay  for  reporting 
time,  pay  for  snowplow  work,  stools  for  trainmen,  pay  for  tripper 
service,  pay  for  attending  court  as  witness,  etc. 

The  rulings  on  these  questions  have  been  various,  and  have  been 
controlled  sometimes  by  the  terms  of  the  submission,  the  agreements 


46  REPORT   SECRETARY    NATIONAL   WAR   LABOR   BOARD, 

of  the  parties,  local  conditions  and  practice,  and  the  exigencies  of 
the  case. 

Wearing  of  union  button. — In  three  cases  one  of  the  issues  has  boon 
whether  trainmen  shall  be  allowed  to  wear  their  union  buttons  wliile 
on  duty.  In  two  of  these  cases,  Columbus  (Ohio)  and  Toledo,  the- 
board  has  ruled  that  the  trainmen  be  permitted  to  wear  their  union 
buttons  while  on  duty,  but  if  friction  results,  notice  of  that  fact  can 
be  brought  before  the  board  for  the  modification  of  the  award.  In 
one  case,  the  Georgia  Railway  &  Power  Co.,  the  board  denied  to  the 
men  the  right  to  wear  the  union  button,  because  of  friction  which 
the  evidence  showed  would  likely  result,  Within  a  month,  however, 
after  the  award,  the  company  voluntarily  gave  this  right  to  the  men. 

(c)  Wages. — The  board  has  made  wage  awards  on  about  90  street 
railways,  including  practically  all  of  the  leading  companies  in  the 
United  States.  The  number  of  employees  directly  affected  by  these 
awards  is  82,000.  This  includes  the  Philadelphia  Rapid  Transit, 
where  the  board  made  no  award  but  where  the  company  after  a 
complaint  by  the  men,  made  an  agreement  to  pay  a  wage  which  the 
board  recommended.  The  number  of  employees  covered  by  the  wage 
awards  is  as  follows: 

Trainmen 53, 920 

Miscellaneous  employees 24,  810 

73,  730 
The  wage  increases  have  amounted  to  about  $30,000,000  a  year. 

A  vrrayc  -irnr/c  increases  giren  through  awards  of  board. 

Per  cent. 

Increase  per  company,  based  upon  increase  in  maximum  of  scale 23J 

Increase  per  company,  based  upon  increase  in  minimum  of  scale 31 

Weighted  average  increase  per  trainman,  based  upon  maximum  of  sc;\le__  2'2^ 
Increases  to  miscellaneous  employees  through  awards  of  board 24 

The  wages  to  street  railway  employees  awarded  by  this  board  have 
been  rather  low  in  comparison  with  wages  throughout  the  country 
generally.  In  the  first  place,  the  board  found  the  existing  wages  on 
the  electric  railway  industry  to  be  low  and  electric  railway  employees 
underpaid,  as  was  pointed"  out  by  Mr.  Taft  in  the  Bay  State  case. 
The  board  has  not  endeavored  to  reclassify  the  employees  on  this 
industry;  what  it  has  done  is  rather  to  bring  the  wages  up  in  ac- 
cord with  the  increase  in  the  cost  of  living.  It  might  be  said  that 
this  board  has  not  increased  the  wages  of  street  railway  employees 
at  all,  considering  wages  in  the  light  of  their  purchasing  power. 
In  other  words,  the  wages  awarded  by  this  board  have  practically 
the  same  purchasing  power  as  the  wages  which  the  employees  were 
receiving  prior  to  the  war. 

In  fixing  wages,  the  board  has  been  met,  by  a  condition  which  Jias 
not  prevailed  in  industrial  cases  generally,  and  that  is  the  impaired 
financial  condition  of  electric  railway  companies.  While  the  joint 
chairmen  have  announced  that  the  financial  inability  of  the  com- 
pany to  pay  wages  could  not  he  used  as  an  argument  for  the  payment 
of  less  than  a  living  wage  to  its  employees,  the  board  has  necessa- 
rily had  to  take  somewhat  into  consideration  this  situation — that  the 
earnings  of  these  public  service  companies  are  regulated  by  the  pub- 
lic, and  when  the  public  has,  by  its  unwillingness  to  pay  increased 
fares,  kept  the  earnings  of  the  company  down  to  a  point  where  some 


TtEPORT   SECRETARY"   NATIONAL   WAR   LABOR   BOARD.  47 

of  them  were  not  earning  operating  expenses,  the  awards  of  this 
board  on  wages  have  necessarily  been  somewhat  influenced  by  that 
state  of  affairs.  To  that  extent,  therefore,  the  writer  feels  that  the 
responsibility  for  the  payment  to  these  street  railway  employees  of 
a  living  wage  must  ultimately  rest  upon  the  public.  The  chief  handi- 
cap of  the  electric  railways  has  been  their  inability  to  pass  on  to  the 
public  their  own  increased  operating  expenses,  but  most  of  them 
have  been  compelled  to  continue  to  exist  on  a  five-cent  fare,  fixed  as  a 
proper  fare  under  conditions  existing  many  years  ago,  when  to-day 
a  five-cent  fare  has  a  purchasing  power  of  only  about  three  cents, 
judged  under  prewar  conditions. 

The  following  is  a  statement  of  wages  awarded  trainmen  on  city 
lines,  maximum  rates ;  that  is,  rates  paid  after  first  year  of  service : 

Forty  cents  on  4  lines ;  42  cents  on  17  lines ;  43  cents  on  1  line ;  45 
cents  on  23  lines ;  46  cents  on  2  lines ;  47  cents  on  1  line ;  48  cents  on  12 
lines ;  50  cents  on  2  lines ;  65  cents  on  1  line. 

The  foregoing  related  mainly  to  city  passenger  trainmen. 

On  interurban  lines  the  existing  differential  has  been  retained  by 
the  board  in  many  cases,  and  in  some  cases  that  differential  has  been 
slightly  decreased.  The  usual  wage  j)aid  interurban  trainmen  is  2 
cents  an  hour  more  than  the  wage  to  city  lines.  In  some  cases,  how- 
ever, namely,  Portland,  Greg.,  the  Pacific-Electric,  and  Los  Angeles, 
the  differential  is  5  cents,  and  on  the  Portland,  (Dreg.,  lines  the  freight 
service  pays  6  cents  an  hour  more  than  the  city  lines,  and  on  the 
Pacific-Electric  the  freight  interurban  service  pays  8  cents  an  hour 
more  than  the  city  passenger  service. 

The  wages  of  miscellaneous  employees,  that  is,  shopmen,  bam  men, 
trackmen,  linemen,  etc.,  have  been  increased  generally  about  the  same- 
percentage,  or  the  same  cents  per  hour,  that  the  maximum  of  train- 
men's wages  have  been  increased. 

Minimum  wage. — A  minimum  wage  to  miscellaneous  employees  of 
44  cents  per  hour  has  been  awarded  in  1  case,  of  42%  cents  an  hour 
in  25  cases,  of  42  cents  an  hour  in  14  cases,  of  40  cents  an  hour  in  1 
case,  of  38  cents  in  1  case,  and  of  36  cents  an  hour  in  3  cases. 

The  wages  of  employees  have  been  increased  by  this  board,  in  every 
electric  railway  case  brought  before  it  except  the  Savannah  Electric 
Co.  and  the  San  Diego  Electric  Co.,  where  the  wages  at  the  time  of 
the  hearing  were  found  to  be  satisfactory,  and  in  the  case  of  the  Read- 
ing Transit  &  Light  Co.,  where  the  wages  were  increased  after  the 
hearing  but  before  the  award. 

Y.  GENERAL  ACCOMPLISHMENT. 

(a)  Forty  strikes  on  street  railway  companies  have  been  settled 
through  reference  to  the  National  War  Labor  Board,  and  98  strikes 
have  been  averted  or  settled  by  reference  to  this  board.  A  strike  last- 
ing from  March  11  to  March  17, 1919,  which  completely  tied  up  street 
railway  service  in  39  towns  and  cities,  was  settled  by  reference  to  this 
board  on  a  basis  of  agreements  proposed  by  representatives  of  the 
board. 

(&)  The  wages  on  110  companies  have  been  increased  as  a  direct 
result  of  reference  to  this  board,  and  the  wages  of  employees  on  the- 
street  railway  industry  generally  throughout  the  country  have  been 
fixed  in  accordance  with  the  wage  awards  made  by  this  board. 


48  REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD. 

(c)  Much  criticism  has  been  directed  by  the  electric  railway  com- 
panies to  this  board,  because  of  what  they  claim  were  its  high  wage 
awards.    As  the  writer  has  shown,  the  true  wages,  however,  that  is, 
wages  defined  in  terms  of  purchasing  po\ver,  have  not  been  increased 
at  all,  but  the  wages  have  increased  only  as  the  cost  of  living  has  in- 
creased. 

Furthermore,  this  board  has  made  financial  recommendations  in 
56  of  its  electric  railway  awards.  By  financial  recommendation  is 
meant  a  recommendation  by  the  board  to  the  public  that  the  com- 
panies be  allowed  an  increase  of  fare.  About  one-half  of  the 
companies  have  received  an  increase  in  fare,  following  the  recommen- 
dation of  this  board.  This  is  in  direct  contrast  to  the  state  of  the  ma- 
jority of  the  street  railway  companies,  which  are  still  unable  to  obtain 
an  increase  in  fare. 

(d)  In  one  or  two  cases  the  writer  has  been  called  by  the  com- 
panies and  designated  by  the  joint  chairmen  to  appear  before  public 
assemblies  and  interpret,  from  the  point  of  view  of  the  board,  these 
financial  recommendations;  why  they  were  made  and  the  importance 
of  an  increase  in  fare  being  allowed  the  companies  involved. 

Violation  of  award. — The  expression  "  violation  of  award "  is 
susceptible  of  interpretation.  In  no  case  brought  to  the  writer's  notice 
has  an  electric  railway  company  violated  an  award  of  this  board. 
There  have  been  two  instances,  however,  where  electric,  railway  com- 
panies have  refused  to  follow  an  order  of  the  board,  not  strictly 
speaking  an  award,  after  submitting  themselves  to  the  jurisdiction 
of  the  board.  In  one  instance  the  employees  have  violated  an  award 
of  the  board  by  striking  and  refusing  to  abide  by  the  award,  and  in 
one  other  instance  the  employees  have  declined  to  follow  the  order 
issued  by  the  board. 


APPENDIX  II 


ANALYSIS  OF  THE  AWARDS  OF  THE  NATIONAL 
WAR  LABOR  BOARD 

By 
ROBERT  P.  REEDER 


121338°— 20 4 


APPENDIX   IT. 

ANALYSIS  OF  THE  AWARDS  OF  THE  NATIONAL 
WAR  LABOR  BOARD. 


WASHINGTON,  D.  C.,  May  31, 1919. 
Mr.  W.  JETT  LAUCR, 

Secretary,  National  War  Labor  Board,  Washington,  D.  €. 
DEAR  SIR  :  I  am  transmitting  herewith  a  digest  of  the  decisions  of 
the  National  War  Labor  Board,  prepared,  under  my  direction,  by 
Mr.  Robert  P.  Eeeder,  an  examiner  of  the  staff.  The  fact  that  Mr. 
Reeder  previous  to  his  connection  with  the  board  was  a  professor 
of  law  at  the  University  of  Oregon,  and  is  also  the  author  of  legal 
textbooks,  has  peculiarly  fitted  him  for  this  work.  The  digest  con- 
stitutes a  careful  and  thorough  analysis  of  all  the  decisions  of  the 
board  up  to  May  31,  1919,  and,  I  feel  sure,  will  be  of  very  great  use- 
fulness to  the  members  of  the  board  and  to  other  students  of  indus- 
trial conditions. 

Very  truly,  yours, 

HUGH  S.  HANNA, 

Chief  Examiner. 


INTRODUCTORY. 

In  January,  1918,  the  Secretary  of  Labor,  upon  nomination  of  rep- 
resentatives of  labor  and  capital,  appointed  a  War  Labor  Conference 
Board  to  devise  for  the  period  of  the  wrar  a  method  of  labor  adjust- 
ment which  would  be  acceptable  to  employers  and  to  employees.  In 
March  that  board  recommended  that  a  National  War  Labor  Board 
be  established  and  that  it  be  directed  to  observe  principles  and  follow 
methods  which  the  Conference  Board  outlined  in  its  report.  The 
Secretary  of  Labor  appointed  as  members  of  the  National  War  Labor 
Board  the  men  who  had  been  members  of  the  Conference  Board.  On 
April  8,  1918,  the  President  by  proclamation  approved  of  and  con- 
firmed those  appointments  and  the  principles  and  methods  which  had 
been  recommended  by  the  Conference  Board. 

Those  principles  are  set  forth  hereinafter  in  italic  portions  of  the 
text.  Accompanying  each  section  is  a  statement  of  the  manner  in 
which  the  board  has  applied  those  principles.  The  principles  are 
also  printed  consecutively  in  an  addendum  (pp.  121-123). 

51 


52  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

The  board  declared,  in  a  resolution  adopted  July  31,  1918: 

That  for  the  present  the  board  or  its  sections  should  consider  and  decide 
each  case  involving  these  principles  on  its  particular  facts  and  reserve  any 
definite  rule  of  decision  until  its  judgments  have  been  sufficiently  numerous 
and  their  operation  sufficiently  clear  to  make  generalization  safe. 

A  survey  of  the  awards,  however,  may  enable  the  reader  to  gener- 
alize as  to  the  attitude  of  the  board  toward  some  of  the  specific  prob- 
lems which  have  come  before  it. 

/         NO  STRIKES  OR  LOCKOUTS  DURING  THE  WAR. 

TJiere  should  ~be  no  strikes  or  lockouts  during  the  war. 
The  board  has  repeatedly  refused  to  entertain  complaints  where 
the  complaining  employees  were  on  strike ; 

See,  for  example,  last  paragraph  in  Interpretation  of  Award  in  Newsprint 
Paper  Case,  Docket  No.  35,  7/26/18. 

and  while  in  one  case  it  made  an  award  where  the  men  had  struck 
long  after  the  submission  of  the  complaint,  it  made  the  award  op- 
erative only  in  the  event  of  the  prompt  termination  of  the  strike. 

A.  H.  Petersen  Manufacturing  Co.,  No.  820,  3/14/19.  The  retroactive  por- 
tion of  the  award  was,  of  course,  operative  only  from  the  date  of  the 
submission  until  the  date  of  the  strike. 

In  the  Bridgeport  case 
No.  132,  8/28/18. 

some  of  the  employees  who  were  dissatisfied  with  the  award  went 
out  on  strike.  The  President  of  the  United  States  thereupon  wrote 
to  them  on  September  13,  1918,  as  follows :  "  I  desire  that  you  re- 
turn to  work  and  abide  by  the  award.  If  you  refuse,  each  of  you 
will  be  barred  from  employment  in  any  war  industry  in  the  com- 
munity in  which  the  strike  occurs  for  a  period  of  one  year.  During 
that  time  the  United  States  Employment  Service  will  decline  to  ob- 
tain employment  for  you  in  any  war  industry  elsewhere  in  the  United 
States,  as  well  as  under  the  War  and  Navy  Departments,  the  Ship- 
ping Board,  the  Railroad  Administration,  and  all  other  Government 
agencies,  and  the  draft  boards  will  be  instructed  to  reject  any  claim 
of  exemption  based  on  your  alleged  usefulness  on  war  production." 

On  September  17  the  President  was  obliged  to  write  to  several 
employers  of  these  men  as  follows :  "  The  men  at  a  meeting  voted  to 
return  to  work,  but  I  am  informed  by  their  representative  that  the 
manufacturers  refuse  to  reinstate  their  former  employees.  In  view 
of  the  fact  that  the  workmen  have  so  promptly  complied  with  my 
directions,  I  must  insist  upon  the  reinstatement  of  all  these  men." 

In  the  Smith  &  Wesson  case 

273,  8/21/18. 

the  employing  company  refused  to  comply  with  the  recommendation, 
and  thereupon,  by  direction  of  the  President,  the  War  Department 
took  over  the  plant  and  operated  it. 

RIGHT  TO  ORGANIZE. 

The  right  of  workers  to  organize  in  trade  unions  and  to  bargain 
collectively  through  chosen  representatives  is  recognized  and  affirmed. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  53 

Tills  right  shall  not  "be  denied,  abridged,  or  interfered  with  ~by  the 
employers  in  any  manner  whatsoever. 

The  right  of  employers  to  organize  in  associations  or  groups  and 
to  bargain  collectively  through  chosen  representatives  is  recognized 
and  affirmed.  This  right  shall  not  be  denied,  abridged,  or  interfered 
with  by  the  workers  in  any  manner  whatsoever. 

Employers  should  not  discharge  workers  for  membership  in  trade* 
unions,  nor  for  legitimate  trade-union  activities. 

The  workers,  in  the  exercise  of  their  right  to  organize,  should  not 
use  coercive  measures  of  any  kind  to  induce  persons  to  join  their  or- 
ganizations nor  to  induce  employers  to  bargain  or  deal  therewith. 

RULE  RESTATED  IN  MANY  AWARDS. 

Tliis  rule  has  been  restated  in  a  number  of  the  awards,  either  as  it 
has  just  been  quoted 

Sloss-Sheffield  Steel  £  Iron  Co.,  .72,  7/31/18 ;  Smith  &  Wesson,  273,  8/21/18 ; 
Detroit  Patternmakers,  158,  12/10/18;  Worthinrrton  Pump  &  Machinery 
Corporation,  Ciulahy,  163,  12/20/18;  Butterick  Publishing  Co.,  152, 
1/15/19 ;  recommendation  in  Western  Chemical  Co.,  1042,  4/10/19* 

or  in  briefer  form. 

See  language  quoted  in  note  in  section  on  Collective  Bargaining  (p.  56) 
and  also  Nos.  21,  2Ja,  211),  35,  40,  130,  132,  146,  159,  189,  195,  249,  297, 
320,  575,  627,  627 a,  627b,  641,  696,  831,  981,  990,  1037. 

INTERFERENCE  WITH  UNION  ACTIVITY  FORBIDDEN. 

Employers  are  forbidden  to  discriminate  against  workers  because 
of  membership  in  the  unions  or  for  legitimate  trade-union  activities. 

Waynesboro  cases,  40,  7/11/18;  National  Refining  Co.,  97,  8/28/18;  New 
York  Consolidated  Railroad  (Brooklyn  Rapid  Transit  System),  283, 
10/24/18;  Standard  Wheel  Co.,  176,  10/25/18;  Corn  Products  Refining 
Co.,  130,  11/21/18 ;  General  Electric  Co.,  Schenectady,  127  sup..  11/22/18 ; 
Chambersburg  cases,  371,  3/11/19 ;  Wharton  Steel  Co.,  798,  3/14/19 ;  Ma- 
chinists, Hamilton,  Ohio,  ,978,  4/10/19;  Sizer  Forge  Co.,  1037,  4/10/19. 
See  also  Detroit  United  Railway  Co.,  32,  7/31/18;  Bridgeport  Munition 
Workers,  132,  8/28/18;  Dayton  Street  Railway  Co.,  150,  10/24/18;  Sin- 
clair Refining  Co.,  395,  11/20/18 ;  Ohio  Electric  Railway  Co.,  Lima  City 
Lines,  296,  1/15/19;  Madison  Machinists,  195,  2/18/19;  A.  H.  Petersen 
Manufacturing  Co.,  320,  3/14/19;  Washington  Railway  &  Electric  Co., 
1049,  3/27/19;  and  recommendations  in  the  following  cases:  Columbus 
Railroad  Co..  302,  10/24/18;  Jacksonville  Tracton  Co..  83,  2/4/19;  Ameri- 
can Can  Co.,  694,  2/11/19;  American  Hide  &  Leather  Co.,  519,  519  a, 
3/5/19;  Brooklyn  Rapid  Transit  Co.,  751,  3/6/19;  Third  Avenue  Rail- 
way Co.,  332,  3/7/19 ;  Union  Railway  Co.  of  New  York,  564,  3/7/19 ;  Mid- 
west Engine  Co.,  562  a,  3/26/19 ;  Blake-Knowles  Pump  Works,  642,  4/9/19 ; 
Vim  Motor  Co.,  853,  4/9/19 ;  Richmond,  Ind.,  cases,  643,  4/10/19 ;  West- 
field  Manufacturing  Co.,  968,  4/11/19;  Northern  Cooperage  Co.,  981, 
4/29/19;  Standard  Conveyor  Co.,  990,  4/29/19;  New  York  Airbrake  Co., 
499  &,  5/1/19. 

In  a  number  of  cases  in  which  employees  had  been  discharged  for 
such  reasons  the  board  ordered  their  reinstatement  with  compensa- 
tion for  all  that  they  had  lost  by  reason  of  their  discharge. 

General  Electric  Co.,  Lynn,  231,  10/24/18;  National  Car  Coupler  Co.,  328, 
11/19/18;  Corn  Products  Refining  Co.,  130,  11/21/18;  Klieber-Dawson 
Machine  Co.,  221,  11/21/18 ;  Georgia  Railway  &  Power  Co.,  159.  12/5/18 ; 
Western  Drop  Forge  Co.,  334.  1/29/19 ;  Wharton  Steel  Co.,  7.98,  3/14/19. 
See  also  Columbus  Railway,  Power  &  Light  Co.,  146,  7/31/18;  National 


54  REPORT  SECRETARY  NATIONAL,  WAR  LABOR  BOARD. 

Refining  Co.,  07,  8/28/18 ;  Standard  Wheel  Co.,  176,  10/25/18;  Sinclair 
Refining  Co.,  895,  11/20/18;  Savannah  Electric  Co.,  748  sup.,  1/28/19;  and 
recommendations  in  the  following  cases :  Smith  &  Wesson,  273,  8/21/18 ; 
New  York  Consolidated  Railroad  (Brooklyn  Rapid  Transit  System),  283, 
10/24/18;  Columbus  Railroad  Co.,  302,  10/24/18;  Bethlehem  Steel  Co., 
North  Lebanon  Plant,  401,  1/15/19 ;  Eastern  Steel  Co.,  41S,  1/15/10 ;  Im- 
perial Electric  Co.,  520,  1/15/19 ;  Columbia  Metal  Box  Co.,  77,9,  1/15/19 ; 
American  Can  Co.,  694,  2/11/19;  Kansas  City  Structural  Steel  Co.,  495, 
2/12/19;  American  Hide  &  Leather  Co.,  519,  519  a,  3/5/19;  La  Crosso 
Plow  Co.,  675,  3/5/19 ;  American  Research  Glass  Co.,  878,  3/5/19 ;  Mid- 
west Engine  Co.,  562  a,  3/26/19;  Fort  Wayne  £  Northwestern  Railway 
Co.,  466^  4/10/19 ;  Machine  companies  of  Columbus,  Ohio,  502,  4/10/19; 
Los  Angeles  Railway  Corporation,  755,  4/10/19;  Minneapolis  Steel  &  Ma- 
chinery Co.,  46,  4/11/19;  Minneapolis  Gas  Light  Co.,  473,  4/11/19.  In 
some  cases,  e.  g.,  Pacific  Electric  Railway  Co.,  214,  4/9/19;  San  Diego 
Electric  Railway  Co.,  452,  4/10/19,  the  Board  decided  that  the  facts  were 
not  such  as  to  cause  it  to  recommend  reinstatement.  Examiners  were 
directed  to  pass  upon  claims  of  men  that  they  had  been  discharged  for 
union  membership  or  activity  in  National  Refining  Co.,  97,  8/28/18; 
Standard  Wheel  Co.,  176,  10/25/18;  Klieber-Dawson  Machine  Co..  221, 
11/21/18,  and  in  plants  specified  in  Report  of  Committee  on  Various 
Plants  of  the  General  Electric  Co.,  approved  by  Board  1/15/19.  See  also 
Minneapolis  Steel  &  Machinery  Co.,  4G,  4/11/19 ;  American  Hoist  &  Derrick 
Co.,  571,  4/11/19.  Committees  were  directed  to  take  up  this  matter  with 
the  management  in  Winslow  Bros.  Co.,  533.  3/5/19:  Williamsport  Wire. 
Rope  Co.,  818,  3/5/19;  Otis  Steel  Castings  Co.,  881,  3/5/19;  Sterling 
Machine  &  Stamping  Co.,  575,  3/12/19;  Rhode  Island  Textile  Workers, 
£75,  3/13/19;  Rhode  Island  Branch  National  Metal  Trades  Assn.,  189, 
3/26/19:  Matthews  Engineering  Co.,  542,  542  a,  3/27/19;  Richmond,  Iml.. 
cases,  643,  4/10/19 ;  Western  Chemical  Co.,  1042,  4/10/19 ;  Boilermakers, 
Akron,  Ohio,  826  a,  4/11/19;  Northern  Cooperage  Co.,  981,  4/29/19; 
Standard  Conveyor  Co.,  990,  4/29/19 ;  Donnelley  &  Sons  Co.,  778.  4/30/19. 
See  also  Wharton  Steel  Co.,  7.98,  3/14/19;  Sizer  Forge  Co.,  1037,  4/10/19; 
New  York  Airbrake  Co.,  499  I),  5/1/19. 

So  also  the  board  has  forbidden  the  blacklisting  of  union  men; 

S loss- Sheffield  Steel  &  Iron  Co.,*  12,  7/31/18. 

it  has  forbidden  employers  to  make  with  their  employees  individual 
contracts  which  deter  their  employees  from  joining  unions; 

Omaha  &  Council  Bluffs  Street  Hallway  Co.,  154,  7/31/18;  Washington 
Railway  &  Electric  Co.,  1049,  3/25/19.  See  also  Smith  &  Wesson.  273, 
8/21/18 ;  General  Electric  Co.,  Pittsfield,  19,  7/31/18.  Compare  minority 
report  in  Donnelley  &  Sons  Co.,  778,  4/30/19. 

it  has  held  that  peaceful  participation  in  a  strike  should  not  be  a 
bar  to  reemployment : 

Savannah  Electric  Co.,  748  sup.,  1/28/19.  See  also  National  Refining  Co., 
57,  8/28/18,  97  sup.,  4/30/19. 

and  it  has  referred  to  the  War  Department  evidence  that  ^  employers 
had  misused  the  selective  draft  law  in  order  to  punish  union  men. 

Bethlehem  Steel  Co.,  ,?.?,  7/31/18.  See  also  Bridgeport  Munition  Workers, 
132,  8/28/18. 

It  is  not  sufficient  for  the  company  to  countenance  a  company 
union ; 

New  York  Consolidated  Railroad  (Brooklyn  Rapid  Transit  System >,  283, 
10/24/18.  See  also  Pacific  Electric  Railway  Co.,  214,  4/9/15 ;  San  Diego 
Electric  Railway  Co.,  452,  4/10/19;  Los  Angeles  Railway  Corporation, 
753,  4/10/19. 

In  Pacific  Electric  Railway  Co.,  S14,  4/9/19,  the  board  said,  "  We  find  upon 
consideration  that  the  company's  contention  that  the  men  have  always 
been  able  to  discuss  grievances  as  individuals  and  that  110  system  of 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  55 

collective  bargaining-  is  necessary  for  their  welfare,  is  wrong  in  fact  and 
in  principle,  nor  do  the  division  meetings  held  by  the  men,  which  were 
advocated  by  the  company  as  an  adequate  plan  of  collective  bargaining, 
constitute  an  ideal  or  even  a  proper  means  of  free  and  unhampered  discus- 
sion by  the  men  of  their  grievances  and  their  presentation  of  same  to  the 
company  for  adjustment." 

in  fact,  the  company  may  not  compel  the  men  to  join  a  beneficial 
organization  conducted  by  the  company; 

Standard  Wheel  Co.,  If 6,  10/25/18;  Corn  Products  Refining  Co.,  ISO, 
11/21/18 ;  Miclvale  Steel  &  Ordnance  Co.,  129,  2/11/19.  But  see  require- 
ments which  were  sustained  in  S  loss-Sheffield  Steel  &  Iron  Co.,  12, 
7/31/18. 

but  the  employees  must  be  allowed  to  become  members  of  any  legiti- 
mate labor  organization  without  interference  upon  the  part  of  the 
company.  As  the  board  said  in  the  case  of  the  New  York  Consoli- 
dated Railroad, 

(Brooklyn  Rapid  Transit  System),  283,  10/24/18.  See  also  Minneapolis 
Steel  &  Machinery  Co.,  //tf,  4/11/19;  Brooklyn  Rapid  Transit  Co.,  7-7 /, 
3/6/19;  Third  Avenue  Railway  Co..  332.  3/7/19;  Union  Railway  Co.  of 
New  York,  564,  3/7/19. 

a  The  right  of  the  workers  of  this  company  freely  to  organize  in 
trade  unions,  or  to  join  the  same,  and  to  bargain  collectively,  is 
affirmed,  and  discharges  for  legitimate  union  activities,  interrogation 
of  workers  by  officials  as  to  their  union  affiliations,  espionage  by 
agents  or  representatives  of  the  company,  visits  by  officials  of  the 
company  to  the  neighborhood  of  the  meeting  place  of  the  organiza- 
tion for  the  purpose  of  observing  the  men  who  belong  to  such  unions, 
to  their  detriment  as  employees  of  the  company,  and  like  actions, 
the  intent  of  which  is  to  discourage  and  prevent  men  from  exercising 
this  right  of  organization,  must  be  deemed  an  interference  with  their 
rights  as  laid  down  in  the  principles  of  the  board." 

Under  ordinary  circumstances  an  employer  can  not  object  to  the 
wearing  of  a  union  button  by  an  employee  even  while  he  is  on  duty ; 
Columbus  Railway,  Power  &  Light  Co.,  146,  7/31/18. 

but  if  the  wearing  of  the  button  actually  causes  lack  of  cooperation 
between  the  union  and  the  nonunion  employees  the  company  may 
forbid  the  use  of  such  a  symbol  during  working  hours,  although, 
of  course,  the  men  are  entitled  to  wear  it  when  they  are  off  duty. 

Georgia  Railway  &  Power  Co.,  159,  12/5/18. 
In  the  case  of  the  Corn  Products  Refining  Co. 

180,  11/21/18. 

the  award,  with  the  acquiescence  of  the  company,  provided  that  em- 
ployees, upon  giving  proper  notice,  must  be  permitted  to  absent  them- 
selves without  pay  to  attend  union  conventions :  and  in  Washington 
Railway  &  Electric  Co., 

1049,  3/25/19. 

by  agreement  between  the  parties  a  similar  award  provided  that 
leave  of  absence  should  be  granted  to  members  of  committees  chosen 
for  the  purpose  of  treating  with  the  company;  but  in  two  other 

cases 

Ohio  Electric  Railway  Co.,  Limn  City  Lines.  296.  1/15/19;  Ohio  Electric 
Railway  Co.,  Lima  Intel-urban  Lines,  627,  1/15/19. 


56  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

the  board  decided  that  the  granting  of  leave  of  absence  to  committees 
representing  employees  was  a  matter  to  be  settled  between  the  com- 
pany and  the  employees,  although  specific  grievances  might  be  pre- 
sented to  the  board  for  decision. 

The  Corn  Products  award  also  provided  that  in  case  of  reductions 
in  the  force  seniority  must  be  given  preference,  and  that  employ- 
ment must  be  accepted  proof  of  general  competency,  so  that  state- 
ment of  specific  jncompetency  must  be  given  a  dismissed  employee- 
upon  demand  of  himself  or  his  representative. 

COLLECTIVE  BARGAINING. 

Except  where  a  union  was  recognized  by  the  employer  before  the 
submission  of  a  controversy  to  the  board,  the  employer  is  usually 
under  no  obligation  to  recognize  the  union. 

See  authorities  in  section  on  Representation  of  Workers  by  Outside 
Agents  (p.  65). 

But  the  workers  have  the  right  to  organize  for  bargaining  collec- 
tively through  their  chosen  representatives, 

Newsprint  Paper,  35,  6/27/18 ;  St.  Joseph  Lead  Co.,  16,  7/31/18 ;  Bethlehem 
Steel  Co.,  22,  7/31/18;  Columbus  Railway,  Light  &  Power  Co.,  146, 
7/31/18;  Smith  &  Wesson,  273,  8/21/18;  Bridgeport  Munition  Workers, 
132,  8/28/18;  A.  M.  Byers  Co.,  134,  9/13/18;  Saginaw  Machinists,  147, 
10/25/18 ;  Reading  Iron  Co.,  416,  11/19/18 ;  Union  Carbide^  Co.,  174, 
1/15/19 ;  Wharton  Steel  Co.,  798,  3/14/19 ;  Westfleld  Manufacturing  Co., 
$68,  4/11/19.  See  also  General  Electric  Co.,  Pittsfield,  19,  7/31/18; 
recommendations  in  American  Can  Co.,  694,  2/11/19;  Huntington  Steel 
Foundry  Co.,  640,  2/18/19;  Richmond,  Ind.,  cases,  643,  4/10/19;  and 
next  note. 

and  it  is  the  duty  of  the  companies  to  recognize  and  deal  with  com- 
mittees after  they  have  been  constituted  by  the  employees. 

Waynesboro  cases,  40,  7/11/18;  Columbus  Railway,  Light  &  Power  Co., 
146,  7/31/18;  Corn  Products  Refining  Co.,  130,  11/21/18;  A.  H. 
Petersen  Manufacturing  Co.,  320  3/14/19;  Wharton  Steel  Co.,  198, 
3/14/19;  Parsons  Co.,  831,  4/9/19;  Machinists,  Hamilton,  Ohio,  078, 
4/10/19 ;  Westfield  Manufacturing  Co.,  968,  4/11/19 ;  recommendations  in 
Nos.  21,  21  a,  21  &,  122,  189,  419,  420,  421,  422,  422  a,  422  ft,  575,  696, 
725,  784,  881.  See  also  Washington  Railway  &  Electric  Co.,  1049,  3/25/19  ; 
Louisville  &  Northern  Railway  &  Lighting  Co.,  555,  4/10/19;  Western 
Chemical  Co.,  1042,  4/10/19;  Minneapolis  Steel  &  Machinery  Co.,  46, 
4/11/19 ;  New  York  Airbrake  Co.,  499  &,  5/1/19. 

The  following  clause  appears  in  a  number  of  awards  or  recommenda- 
tions :  "  The  principles  upon  which  the  National  War  Labor  Board  is 
founded  guarantee  the  right  to  employees  to  organize  and  to  bargain 
collectively,  and  there  shall  be  no  discrimination  or  coercion  directed 
against  proper  activities  of  this  kind.  Employees  in  the  exercise  of 
their  right  to  organize  shall  not  use  coercive  measures  of  any 
kind  to  compel  persons  to  join  their  unions,  nor  to  induce  employers  to 
bargain  or  deal  with  their  unions.  As  the  right  of  workers  to  bargain 
collectively  through  committees  has  been  recognized  by  the  board  the 
company  shall  recognize  and  deal  with  such  committees  after  they  have 
been  constituted  by  the  employees :  "  Nos.  16,  80,  81  a,  81  &,  94,  91,  106, 
110,  134,  147,  169,  174,  116,  201,  232,  243,  .>>,»,  258,  261,  274,  275,  328,  334, 
354,  355,  365,  371,  393,  397,  400,  401,  416,  418,  419,  420,  421,  422,  422  a< 
422  6,  454,  460,  473,  482,  499  6,  502,  519,  519  a,  521,  533,  542,  562,  562  a,  570, 
571,  576,  585,  594,  619,  642,  643,  674,  675,  693,  721,  724,  139,  155,  112,  115, 
118,  181,  182,  183,  801  to  815,  818,  826  a,  821,  853,  873,  878,  879,  880,  881, 
913,  914,  914  a,  915,  915  a,  918,  941,  981,  990,  1006,  1028,  1037.  In  a  few  of 
these  cases  (94,  147,  176,  258,  261,  334,  502,  693,  115,  880),  the  board 
amplified  the  statement  in  the  last  sentence. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  57 

In  a  number  of  instances  the  board  lias  felt  that  differences  be- 
tween workers  and  their  employers  could  probably  be  adjusted  by 
collective  bargaining  and  has  provided  for  such  collective  action, 

Sec  note  following  this  one  and  also  section  on  Duties  of  Committees, 
saying  that  the  board  itself  would  decide  some  particular  matters  in 
dispute  only  if  the  parties  were  unable  to  reach  an  agreement. 

Bethlehem  -  Steel  Co.,  22,  7/31/18;  Smith  &  Wesson,  273,  8/21/18;  Bridge- 
port Munition  Workers,  132,  8/28/18;  General  Electric  Co.,  Lynn,  231, 
10/24/18;  Virginia  Bridge  &  Iron  Co.,  47,  10/24/18;  Sagimiw  Machin- 
ists, 147t  10/25/18;  Standard  Wheel  Co.,  176,  10/25/18;  National  Car 
Coupler  Co.,  328,  11/19/18 ;  St.  Louis  Coffin  Co.,  258,  11/19/18 ;  Red  Star 
Milling  Co.,  110,  1/15/19;  Bethlehem  Steel  Co.,  North  Lebanon  Plant, 
401,  1/15/19;  American  Clay  Machinery  Co.,  879,  1/15/19.  See  also 
American  Sheet  &  Tin  Plate  Co.,  %32,  1/15/19 ;  Bedford  Stone  Club,  397, 
1/15/19;  Eastern  Steel  Co.,  418,  1/15/19.  The  award  in  American 
Locomotive  Co.,  Schenectady,  61,  10/9/18,  was  superseded  by  an  agree- 
ment between  the  company  and  the  two  unions  on  10/24/18. 

Indeed,  in  the  Boston  Fisheries  controversy  the  board  went  still 
further  and  made  a  recommendation  of  collective  bargaining  which 
extended  beyond  the  parties  who  were  then  before  the  board. 

Compare  the  award  as  to  silk  manufacturing  in  United  Textile  Workers, 
1123,  4/10/19. 

It  recommended  that  a  conference  representing  the  employers  and 
the  workers  engaged  in  the  industry  establish  machinery  for  dealing 
with  grievances  and  disputes  and  that  it  negotiate  wage  agreements 
for  the  industry  as  a  whole. 

In  connection  with  its  awards  in  Nos.  1127,  1128,  1129,  1130,  5/28/19, 
cases  by  marine  firemen,  masters,  marine  engineers,  fish  handlers  and  others 
against  the  East  Coast  Fisheries  Co.  and  other  companies,  the  board  on  the 
same  date  adopted  a  resolution  which  provides  as  follows : 

"  The  National  War  Labor  Board  in  rendering  the  awards  in  the  Boston 
Fisheries  cases  is  not  unmindful  of  the  fact  that  the  work  engaged  in  by 
these  parties  is  of  vital  import  to  the  people  of  our  nation.  The  necessity 
of  continuous  operation  of  the  fishing  boats  is  obvious,  and  it  would  be 
nothing  short  of  a  calamity  should  the  source  of  this  food  supply  be  cut  off 
by  reason  of  misunderstandings  that  could  be  amicably  adjusted  by  joint 
conference  between  the  representatives  of  both  parties. 

"  The  cases  submitted  to  the  board  for  arbitration  only  affect  part  of  the 
employees,  who  are  employed  on  beam  trawlers  and  who  comprise  only  a 
small  portion  of  the  men  engaged  in  the  fishing  industry  of  the  Atlantic 
coast. 

"  Owing  to  the  nature  of  this  business,  it  would  be  impossible  to  outline 
a  specific  set  of  rules  such  as  has  been  done  to  govern  the  methods  of  col- 
lective bargaining  in  shops,  mills,  or  factories. 

"  The  National  War  Labor  Board  recommends  that  the  representatives 
of  the  owners  of  beam  trawlers  and  schooners,  and  the  representatives  of 
the  various  unions  of  employees,  meet  in  conference  with  the  view  to — 

"  1.  The  establishment  of  a  fair  and  equitable  machinery  for  the  preven- 
tion and  adjustment  of  grievances  and  disputes  which  may  arise  in  the 
industry. 

"  2.  The  promotion  generally  of  amicable  relations  between  employers 
and  employees. 

"3.  The  negotiation  of  wage  agreements  for  the  industry  as  a  whole. 

"  It  is  the  judgment  of  the  board  that  the  parties  engaged  in  this  indus- 
try are  best  fitted  by  training  and  experience  to  work  out  the  details  in 
connection  with  these  recommendations,  and  we  urge  that  they  be  given 
serious  consideration." 


58  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD, 

COMMITTEES  ESTABLISHED  FOR  COLLECTIVE  BARGAINING. 

Of  course,  collective  bargaining  can  be  carried  on  regardless  of  any 
procedural  rules  laid  down  by  the  board  if  the  parties  in  interest 
agree  among  themselves.  But  in  a  number  of  cases  in  which  the 
parties  did  not  agree  as  to  the  course  to  be  followed,  the  board  has 
established  rules  for  collective  bargaining  between  the  parties.  The 
board,  however,  has  not  laid  down  an  invariable  rule  as  to  the  com- 
position of  the  committees,  the  method  of  choosing  representatives, 
and  the  duties  of  the  committees,  which  applies  alike  to  all  cases. 

AWARDS  AS  TO  THE  COMPOSITION  OF  THE  COMMITTEES. 

In  some  cases  in  which  thousands  of  employees  were  involved  the 
board  has  created  shop  or  departmental  committees  to  adjust  disputes 
which  the  employees  are  unable  to  adjust  with  the  shop  foremen  and 
the  division  superintendents,  and  has  directed  the  department  or 
shop  committees  to  meet  annually  and  select  from  among  their 
number  a  committee  of  three  employees,  known  as  the  committee  on 
appeals,  to  meet  with  the  management  for  the  purpose  of  adjusting 
disputes  which  the  department  committees  have  been  unable  to  adjust. 

General  Electric  Co.,  Pittsfield,  19,  7/31/18 ;  Smith  &  Wesson,  273,  8/21/18. 
The  same  types  of  committees  are  created  in  General  Electric  Co., 
Lynn,  231,  10/24/18. 

In  the  Bethlehem 

22,  7/31/18. 
and  Bridgeport 
132,  8/28/18. 

cases  it  went  further  and  created  local  boards  of  three  members  from 
each  side  to  bring  about  agreements  on  disputed  issues  not  covered 
by  the  decisions  of  the  War  Labor  Board  in  those  cases.  The  boards 
were  to  be  presided  over  by  a  chairman  appointed  by  the  Secretary  of 
War.  In  the  Bethlehem  case  the  members  of  the  board  were  to  be 
compensated  by  the  parties  whom  they  represented. 

A  somewhat  different  award  decided  that  the  shop  committee 
should  be  elected  "  in  conformity  with  the  plan  approved  by  the 
board  "  but  also  provided  that  the  administrator,  in  conference  with 
botli  sides,  should  determine  the  size  and  membership  of  the  shop 
committee. 

Pittsfield  Machine  &  Tool  Co,  337,  11/21/18. 

The  Corn  Products  Refining  Co.  award 

130,  11/21/18. 

provided  for  department  committees  of  three  employees  and  a  gen- 
eral plant  committee  of  five  employees  to  be  elected  by  the  members 
of  the  department  committees :  the  plant  committee  should  endeavor 
to  adjust  grievances  which  the  department  committees  were  unable  to 
adjust:  if  it  were  unsuccessful,  the  matter  might  be  referred  to  the 
National  War  Labor  Board  or  such  other  agency  as  the  company  and 
the  committee  might  agree  upon. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  59 

Other  awards  simply  called  for  the  election  of  shop  committees  to 
represent  the  employees;  in  case  of  disagreement  between  committees 
and  company  controversies  were  to  be  brought  before  the  board. 

Mason  Machine  Works,  111,  10/9/18;  United  Engineering  £  Foundry  Co., 
^57,  10/9/18;  St.  Louis  Oar  Co.,  //  a,  10/11/18;  Virginia  Bridge  &  Iron 
Co.,  47,  10/24/18;  Saginaw  Machinists,  147,  10/25/18;  Standard  Wheel 
Co.,  176,  10/25/18;  Walworth  Manufacturing  Co.,  274,  3/6/19.  See  also 
B.  F.  Sturtevant  Co.,  3,95,  3/30/19.  In  St.  Louis  Coffin  Co.,  258,  11/19/18, 
in  case  of  disagreement  concerning  arrangements  affecting  health,  com- 
fort, and  working  efficiency,  appeal  was  to  be  made  not  to  the  board 
but  to  the  local  inspectors.  In  New  York  Central  Iron  Works  Co., 
Hagerstown,  297,  9/26/18,  the  parties  agreed  as  to  the  composition  and 
election  of  the  committees. 

A  number  of  awards  provided  for  a  permanent  committee  of  two 
members  from  each  side  to  deal  with  questions  of  hours  and  overtime, 

American  Locomotive  Co.,  Schenectady,  61,  10/9/18 ;  Mason  Machine  Works, 
111,  10/9/18 ;  United  Engineering  &  Foundry  Co.,  157,  10/9/18 ;  St.  Louis 
Car  Co.,  4  a,  10/11/18;  Saginaw  Machinists,  147,  10/25/18;  Standard 
Wheel  Co.,  176, 10/25/18 ;  Molders,  Ridgway,  349, 12/20/18 ;  Molders,  Wil- 
liamsport,  355,  12/20/18.  The  parties  in  American  Locomotive  Co., 
Schenectady,  subsequently  agreed  upon  a  substitute  for  the  award  which 
omitted  this  provision. 

of  classification, 

Power  to  change  minimum  wages  for  classes  as  established  in  the  award 
and  to  establish  new  rates  for  additional  classes,  subject  to  the  general 
principles  laid  down  in  the  award:  Worthington  Pump  &  Machinery 
Corporation,  Cudahy,  163,  12/20/18.  Classification  of  machinists:  B.  F. 
Sturtevant  Co.,  393,  1/30/19. 

or  of  wages  and  working  conditions, 

Recommendation   in   Smith,   Drum  &  Co.,   641,  1/15/19,  the  decisions  of 

three  members  to  be  binding,  but  nothing  said  as  to  course  if  three  mem- 
bers should  not  agree. 

the  decision  of  three  members  to  be  binding :  in  case  of  a  tie  vote  the 
decision  of  the  examiner  to  be  binding,  except  that  from  his  decision 
an  appeal  might  be  made  to  the  board. 

Pending  action  by  the  board  the  decision  of  the  examiner  was  to  remain  in 

force. 

In  the  Wheeling  Molders  case 

37  I),  9/16/18. 

the  umpire  decided  that  a  committee  of  two  members  from  each  side 
should  be  created  to  deal  with  overtime  work,  and  that  overtime 
should  not  be  worked  without  the  consent  of  at  least  three  members 
of  that  committee.  In  the  Newsprint  Paper  case 

35,  6/27/18.    See  also  35  sup.,  7/26/18,  sup.,  1/28/19. 

committees  of  five  members  from  each  side  were  directed  to  endeavor 
to  reach  an  agreement  upon  several  problems:  in  other  respects  the 
conditions  in  force  on  a  named  date  were  to  remain  in  force  unless 
changed  by  mutual  consent  of  the  committees. 

In  several  cases  it  was  decided  that  the  examiner  should  provide 
for  minority  representation  wherever  practicable ; 

General  Electric  Co.,  Pittsfield,  19,  7/31/18;  Bethlehem  Steel  Co.,  22, 
7/31/18 ;  Smith  &  Wesson,  273,  8/21/18. 


60  REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD. 

and  in  two  cases  it  was  decided  that  at  least  one  woman  should  be  on 
the  shop  committees. 

Standard  Wheel  Co.,  176,  10/25/18 ;  B.  F.  Sturtevant  Co.,  393,  1/30/19. 

While  the  committees  are  usually  representative  of  the  several  de- 
partments of  a  plant, 

See  Hayes  Pump  &  Planter  Co.,  603,  2/12/19 ;  Machine  companies  of 
Columbus,  Ohio,  502,  4/10/19 ;  Rome,  N.  Y.,  cases,  941,  4/10/19 ;  Steacy- 
Schmidt  Manufacturing  Co.,  45Jh  4/10/19;  Lancaster,  Pa.,  cases,  873, 
4/11/19;  Worthington  Pump  &  Machinery  Corporation,  Cudahy,  163, 

12/20/18. 

the  awards  do  not  uniformly  require  the  observance  of  this  practice. 

See  Omaha  &  Council  Bluffs  Street  Railway  Co.,  154  sup.,  1/3/19;  Decker 
&  Sons,  235,  2/12/19;  Madison  Machinists,  195,  2/18/19;  Machinists, 
Hamilton,  Ohio,  978,  4/10/19. 

AWARDS  AS  TO  ELECTIONS. 

In  several  cases 

General  Electric  Co.,  Pittsfield,  19,  7/31/18;  Bethlehem  Steel  Co.,  22, 
7/31/18 ;  Smith  &  Wesson,  273,  8/21/18. 

the  board  provided  for  the  holding  of  the  election  of  department 
committees  by  the  workers  in  some  convenient  public  building  in 
the  neighborhood  of  the  plant,  to  be  selected  by  the  examiner  in 
charge  or,  in  case  of  his  absence,  by  some  impartial  resident  of  the 
town  to  be  selected  by  the  examiner,  and  provided  that  the  examiner 
or  his  substitute  should  conduct  the  election.  In  a  later  award 
Saglnaw  Machinists,  147,  10/25/18. 

it  provided  for  the  holding  of  the  election  "in  the  place  where  the 
largest  total  vote  of  the  men  can  be  secured  consistent  with  fairness 
of  count  and  full  and  free  expression  of  choice,  either  in  the  shop 
or  some  convenient  public  building  as  the  parties  themselves  shall 
agree  upon."  And  in  the  Corn  Products  Refining  Co.  decision 

130,  11/21/18. 

it  declared  that  the  committees  should  be  "elected  by  secret  ballot 
in  such  manner  and  place  and  under  such  conditions  as  the  em- 
ployees may  determine,  without  influence  or  interference  by  the  com- 
pany or  any  of  its  superintendents  or  foremen." 
The  award  in  B.  F.  Sturtevant  Co. 

393,  1/30/19. 

provided  that  the  election  should  be  by  secret  ballot  "  with  all  men 
and  women  machinists  eligible  to  vote." 
In  Midvale  Steel  &  Ordnance  Co. 

129,  2/11/19. 

the  board  decided  that  an  examiner  should  be  sent  to  the  plant  in 
order  to  ascertain  whether  the  existing  shop  committees  had  been 
fairly  elected  and  whether  the  existing  system  of  collective  bargain- 
ing provided  proper  means  for  amendment  in  case  the  employees 
desired  to  make  changes  in  the  system,  and  the  board  provided  for 
a  reelection  or  the  making  of  changes  in  the  system  if  either  or  both 
courses  should  appear  to  be  necessary. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  61 

ELECTION  PLAN  OUTLINED  BY  THE  JOINT  CHAIRMEN. 

On  October  4,  1918,  the  joint  chairmen  approved  a  plan  for  the 
election  of  shop  committees  which  provided  for  the  selection  of  one 
committeeman  for  each  100  employees  in  each  department  or  section 
of  the  shop,  for  the  nomination  of  candidates,  for  the  holding  of 
elections  in  the  shop  or  some  convenient  public  building  as  the  chief 
examiner  shall  decide,  the  election  to  be  conducted  under  the  super- 
vision of  the  examiner  in  charge,  who  is  to  select  as  assistants  two  or 
more  employees  of  the  department  or  section  for  which  the  election 
is  held,  and  who  is  to  be  further  assisted  by  some  employee,  selected 
by  the  employer,  who  is  qualified  to  identify  the  voters  as  bona  fide 
employees.  The  election  is  to  be  held  by  secret  ballot,  and  the 
foremen  and  other  officials  of  the  company  are  to  absent  themselves 
from  the  election.  After  the  first  election  the  procedure  may  be 
changed  by  agreement  between  the  employer  and  the  committee. 
Provision  is  to  be  made  for  reports  by  the  shop  committees  from 
time  to  time  to  their  respective  constituencies. 

MODIFICATION  IN  ADMINISTRATION  OF  AWARDS. 

It  must  be  noted,  however,  that  this  plan  was  not  followed  literally 
in  all  of  the  subsequent  awards, 

See  citations  in   section  on  Awards  as  to  the  Composition  of  the  Com- 
mittees  (p.  58). 

that  it  does  not  apply  to  all  types  of  committees,  and  that  in  the  ad- 
ministration of  the  awards  the  plan  has  usually  been  modified  to 
meet  the  conditions  in  the  particular  cases,  sometimes  by  agreement 
between  the  parties  and  sometimes,  when  the  parties  failed  to  agree, 
by  the  decision  of  the  administrator  in  charge,  with  the  approval 
oj  the  chief  administrator.  These  agreements  or  decisions  usually 
have  provided  for  the  selection  of  three  committeemen  to  a  depart- 
ment, even  where  a  department  was  composed  of  only  a  small  num- 
ber of  men;  but  at  other  times  it  has  been  found  desirable  to  com- 
bine several  departments  under  one  representation. 

In  the  administration  of  the  Bethlehem  decision  the  instructions 
from  the  chief  administrator  to  the  examiner  in  charge  call  for  the 
selection  by  the  department  or  craft  committees  of  executive  com- 
mittees of  from  three  to  five  men  in  order  to  obviate  the  unwieldy 
character  which  committees  of  much  greater  size  would  exhibit,  and 
the  members  of  the  several  executive  committees  in  turn  unite  to 
form  the  central  works  committee.  The  entire  membership  of  the 
shop  committees,  however,  participates  in  the  selection  of  the  repre- 
sentatives of  the  employees  on  the  local  board  of  mediation  and  con- 
ciliation. 

DUTIES  OF  COMMITTEES. 

The  subject  matters  with  which  the  committees  have  been  called 
upon  to  deal  have  varied  widely.  In  one  case  a  joint  committee  was 
directed  to  try  to  establish  uniform  classifications,  working  condi- 
tions, and  wage  schedules  throughout  the  industry. 

Newsprint  Paper,  35,  6/27/18.    See  also  Saginaw  Machinists,  Iff,  10/25/18. 


62  REPORT  SECRETARY  NATIONAL  WAR   LABOR   BOARD. 

In  other  cases  committees  were  directed  to  deal  with  the  employ- 
ment of  men  on  work  outside  their  trade, 

Sinclair  Refining  Co.,  395,  11/20/18. 
with  discharges  without  sufficient  cause, 

Sinclair  Refining  Co.,  395,  11/20/18 ;  Winslow  Bros.  Co.,  533,  3/5/19 :  Wil- 
liamsport  Wire  Rope  Co.,  818,  3/5/19;  Otis  Steel  Co.,  88 /,  3/5/19;  Ster- 
ling Machine  &  Stamping  Co.,  515,  3/12/19 ;  Rhode  Island  Textile  Work- 
ers, 275,  3/13/19 ;  Rhode  Island  Branch,  National  Metal  Trades  Assn.,  180, 
3/26/19 ;  Matthews  Engineering  Co.,  542,  542  a,  3/27/19 ;  Western  Chemi- 
cal Co.,  1042,  4/10/19;  Boilermakers,  Akron,  Ohio,  826  a,  4/11/19.  See 
also  Hinde  &  Dauch  Paper  Co.,  576,  4/11/19;  New  York  Airbrake  Co., 
499  b,  5/1/19. 

with  wage  scales, 

Mason  Machine  Works,  111,  10/9/18;  United  Engineering  &  Foundry  Co., 
7.57,  10/9/18 ;  General  Electric  Co.,  Lynn,  231,  10/24/18 ;  Standard  Wheel 
Co.,  176,  10/25/18;  National  Car  Coupler  Co.,  3;?tf,  11/19/18;  umpire's 
award  in  Chambersburg  cases,  371,  3/11/19;  Boilermakers,  Akron,  Ohio, 
826  a,  4/11/19.  See  also  recommendations  in  Connersville  Blower  Co., 
243,  11/21/18;  Bethlehem  Steel  Co.,  North  Lebanon  Plant,  401,  1/15/19; 
Eastern  Steel  Co.,  418,  1/15/19;  Imperial  Electric  Co.,  520,  1/15/19; 
Smith,  Drum  &  Co.,  641,  1/15/19;  Columbia  Metal  Box  Co.,  772,  1/15/19; 
Athenia  Steel  &  Wire  Co.,  72 1.  3/5/19;  Northwestern  Leather  Co.,  918, 
3/5/19 ;  McDonough  Packing  Co.,  81  a,  3/26/19 ;  Wink  Packing  Co.,  81  ft, 
3/26/19;  E.  Godel  &  Sons,  81  c,  3/26/19;  Midwest  Engine  Co.,  562  a, 
3/26/19;  Vim  Motor  Co.,  853,  4/9/19;  Tennessee  Copper  Co.,  1028, 
4/10/19 ;  Hinde  &  Dauch  Paper  Co.,  576,  4/11/19. 

"  Shall  meet  with  the  management  to  establish  such  classifications  and 
minimum  rates  of  pay  as  may  seem  to  them  necessary:"  Saginaw  Ma- 
chinists, 147,  10/25/18. 

The  .joint  committee  "  may  from  time  to  time  change  the  minimum  rates 
for  the  classes  hereby  established,  and  may  provide  new  rates  for  addi- 
tional classes,"  subject  to  the  general  principles  laid  down  in  the  award : 
Umpire's  award  in  Worthington  Pump  &  Machinery  Corp.,  C'udahy,  163, 
12/20/18. 

"  For  the  purpose  of  ascertaining  the  recognized  prevailing  wMgo  scales  in 
the  cities  named  in  this  award  an  administrator  shall  be  designated  by 
the  secretary,  who,  together  with  one  representative  of  the  employees 
and  one  of  the  company,  shall  determine  such  scales;"  Corn  Products 
Refining  Co.,  ISO,  11/21/18. 

The  management  and  shop  committee  should  consider  the  question  of  in- 
equality of  rates  among  those  in  the  same  class  in  the  same  plant : 
recommendations  in  Minneapolis  Gas  Light  Co.,  413,  4/11/19,  and  in 
Minnesota  Flour  Mills,  482.  4/11/19. 

"  If  any  differences  still  e'dst  between  the  employees  nnd  the  company  on 
the  question  of  wages,  an  effort  be  made  to  adjust  them  through  a  com- 
mittee of  the  employees,  properly  constituted  by  them,  and  a  commit  te^ 
representing  the  company,  and  should  that  fail,  that  '<\  local  arbitrator 
be  selected  by  the  parties,  if  possible,  to  adjust  those  differences : " 
Recommendation  in  Detroit  Forging  Co.,  365,  3/6/19.  See  also  J.  B. 
Stine,  521,  4/9/19. 

with  wages  and  other  conditions  of  employment, 

Bethlehem  Steel  Co.,  22,  7/11/18 ;  Smith  &  Wesson,  273,  8/21/18.  See  also 
Coopers,  Chicago,  111.,  696,  3/4/19;  Blake-Knowles  Pump  Works,  64%, 
4/9/19;  Northern  Cooperage  Co.,  W?/,  4/29/19;  Standard  Conveyor  Co., 
990,  4/29/19. 

including  provisions  for  the  health,  comfort,  and  working  efficiency 
of  the  employees, 

St.  Louis  Coffin  Co.,  258,  10/9/18. 

Permanent  joint  safety  committee  to  consider  improvement  in  sanitary 

and  safety  conditions:  recommendation  in  Tennessee  Copper  Co.,  1028, 

4/10/19. 


REPORT  SECRETARY  NATION  AT.   WAR  LABOR  BOARD.  63 

with  wages,  hours,  working  and  sanitary  conditions,  and  all  other 
matters  affecting  the  interests  of  the  employees, 

Uniform  recommendation  in  American  Shoot  &  Tin  Plato  Co.,  232,  1/15/19; 

Bedford  Stone  Club,  397.  1/15/19;  Standard  Steel  Car  Co.,  914,  914  a, 

1/15/19 ;  Spang  &  Co.,  915,  3/4/19,  915  a,  3/11/19. 
Wages,  hours  and  working  conditions:  Corn  Products  Refining  Co.,  130, 

11/21/18.    See  also  Patternmakers,  Columbus,  Ohio,  670,  671,  3/26/19; 

Richmond,  Ind.,  cases,  643,  4/10/19;   Benjamin  Iron  &   Steel  Co.,  72',, 

4/10/19;  Rome,  N.  Y.,  cases,  941,  4/10/19;  Donnelley  &  Sons  Co.,  778, 

4/30/19 ;  New  York  Airbrake  Co.,  499  &,  5/1/19. 
Wages  and  other  working  conditions:   Reading,   Pa.,  cases,  522,  3/4/19; 

Coopers,  Chicago,  111.,  696,  3/4/19;  San  Diego  Electric  Railway  Co.,  452, 

4/10/19. 

with  hours  and  overtime, 

Wheeling  Holders  case,  37  6,  9/16/18 ;  American  Locomotive  Co.,  Schen- 
ectady,  61,  10/9/18;  Mason  Machine  Works,  111,  10/9/18;  United  Engi- 
neering &  Foundry  Co.,  151,  10/9/18 ;  St.  Louis  Car  Co.,  '/  a,  10/11/18 ; 
Saginaw  Machinists,  147,  10/25/18;  Standard  Wheel  Co.,  176,  10/25/18; 
American  Locomotive  Works,  Paterson,  338,  11/20/18;  Connersville 
Blower  Co.,  243,  11/21/18 ;  Benjamin  Iron  &  Steel  Co.,  724,  4/10/19.  See 
also  Westfield  Manufacturing  Co.,  968,  4/11/19;  Otis  Steel  Co.,  881  a, 
3/5/19 ;  Midwest  Engine  Co.,  562  a,  3/26/19 ;  Vim  Motor  Co.,  853,  4/9/19 ; 
Machine  companies  of  Columbus,  Ohio,  502,  4/10/19;  Hinde  £  Dauch 
Paper  Co.,  576,  4/11/19 ;  Northern  Coperage  Co.,  981,  4/29/19. 

with  holidays, 

Bethlehem    Steel    Co.,    22,   7/31/18:    Bridgeport   Munition    Workers,    182, 

8/28/18. 

and  weekly  work  periods, 

Bethlehem  Steel  Co.,  22,  7/31/18.  See  also  Metal  Trades  of  Denver,  178, 
10/25/18. 

with  piecework  rates, 

Bethlehem  Steel  Co.,  22,  7/31/18 ;  St.  Louis  Car  Co.,  4  a,  10/11/18. 
Piecework  practices  and  rates ;  Corn  Products  Refining  Co.,  130,  11/21/18 ; 

Athenia  Steel  &  Wire  Co.,  72,1,  3/5/19;  Walworth  Manufacturing  Co., 

274,  3/6/19. 

with  payment  for  special  services, 

Reading  Iron  Co.,  416,  11/19/18. 

with   payment  of  less  than  established  minimum  rates  to  persons 
physically  incapacitated  or  to  some  beginners, 

Pt.  Louis  Car  Co.,  .'/  a,  10/11/18;  Willys-Overland  Co.,  95,  10/11/18;  Rend- 
ing Iron  Co..  416,  11/19/18;  umpire's  award  in  Chambersburg,  Pa.,  oases, 
371,  3/11/19. 

with  the  establishment  of  an  apprentice  system, 

St.  Louis  Car  Co.,  4  a,  10/11/18 ;  St.  Louis  Coffin  Co.,  258,  10/19/18.  See 
also  Chambersburg,  Pa.,  cases,  371,  3/11/19:  Maryland  Pressed  Steel  Co., 
460  sup.,  4/9/19;  Donnelley  &  Sons  Co.,  778,  4/30/19. 

and  with  matters  not  settled  in  the  award. 

Bridgeport  Munition  Workers,  132 1  8/28/18,  9/4/18;  cases  in  last  note  in 
section  on  Collective  Bargaining;  and  also  B.  F.  Sturtevant  Co.,  393, 
1/30/19;  American  Can  Co.,  694,  2/11/19;  Decker  &  Sons,  235,  2/12/19; 
Parlin  £  Orendorff,  585,  2/12/19; American  Hide  &  Leather  Co.,  519, 
519  a,  3/5/19;  Winslow  Bros.  Co.,  533,  3/5/19;  Athenia  Steel  &  Wire  Co., 
721,  3/5/19;  Commercial  Telegraphers'  Union,  722,  723,  3/5/19;  Wii- 
Hamsport  Wire  Rope  Co.,  8/8,  3/5/19 ;  Otis  Steel  Co.,  881  a,  3/5/19,  North- 
western Leather  Co.,  918,  3/5/19;  Detroit  Forging  Co.,  365,  3/6/19; 
Sterling  Machine  &  Stamping  Co.,  575,  3/12/19;  Rockford,  111.,  cases, 


64  KEPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

KOI  to  815,  3/12/19;  Wisconsin  lumber  cases,  1000  et  seq.,  3/12/19; 
•Western  Cold  Storage  Co.,  80,  3/20/19 ;  MeDonough  Packing  Co.,  81  a, 
3/26/19  ;  Wink  Packing  Co.,  81  1),  3/26/19 ;  E.  Godel  4  Sons,  81  c,  3/26/19 ; 
International  Braid  Co.,  827,  4/9/19 ;  Columbus,  Ohio,  cases,  502,  4/10/19 ; 
Richmond,  Ind.,  cases,  643,  4/10/19;  Rome,  N.  Y.,  cases,  941,  4/10/19; 
Western  Chemical  Co.,  1042,  4/10/19;  Lancaster,  Pa.,  cases,  873  to  877, 
4/11/19. 

EXISTING  CONDITIONS. 

In  establishments  where  the  union  shop  exists  the  same  shall  con- 
tinue,, and  the  union  standards  as  to  wages,  hours  of  labor,  and  other 
conditions  of  employment  shall  be  maintained. 

UNION  SHOP  TO  CONTINUE  UNIONIZED. 

The  board  has  ruled  that  where  a  shop  had  been  unionized  before 
the  establishment  of  the  board  the  shop  should  continue  unionized; 

Gem  Metal  Products  Corp.,  591,  12/17/18 ;  Meat  Cutters  of  East  St.  Louis, 
111.,  829,  3/4/19 ;  recommendations  in  the  following  cases :  Crown  Cork  & 
Seal  Co.,  830,  2/11/19;  American  Research  Glass  Co.,  878,  3/5/19;  Mer- 
chant Shipbuilding  Co.,  882,  4/10/19;  Minnesota  Manufacturing  Assn., 
497,  4/11/19.  See  also  Hastings  &  Schoen,  556,  3/6/19.  In  Little  Rock 
Laundries,  233,  11/19/18,  where  there  had  been  a  closed-shop  contract  be- 
tween the  union  and  the  employers  up  to  May  1,  1918,  but  the  employers 
did  not  want  to  have  any  further  relations  with  the  union,  the  board 
ordered  that  the  form  of  that  agreement  should  be  the  form  of  an  agree- 
ment to  be  entered  into  between  the  same  parties  except  in  so  far  as 
they  might  mutually  agree  to  modify  it,  although  the  award  raised  and 
equalized  wages  and  dealt  with  sanitary  conditions. 

and  that  where  an  employer  had  recognized  some  unions  and  had  not 
recognized  others, 

St.  Louis  Coffin  Co.,  258, 11/19/18 ;  Corn  Products  Refining  Co.,  130, 11/21/18 
or  where  some  of  the  employers  who  came  within  an  award  had 
.unionized  their  plants  and  others  had  not  done  so, 

Award,  Machinists,  Philadelphia,  400,  12/20/18 ;  Findings,  Machinists,  Phil- 
adelphia, 400t  12/20/18. 

the  employers  should  continue  to  negotiate  with  union  committees 
to  the  same  extent  as  theretofore,  although  they  were  not  obliged 
to  further  unionize  their  plants.  It  has  even  held  that  where  build- 
ing trade  contractors  had  entered  into  contracts  with  the  unions 
under  which  their  employees  were  not  obliged  to  work  with  nonunion 
men,  a  manufacturing  company  wThich  knew  or  should  have  known 
of  these  conditions  should  not  employ  its  own  maintenance  men  upon 
construction  work  for  it  coincidentally  with  the  contractors'  men 
unless  its  maintenance  men  were  members  of  the  same  unions  and 
received  the  same  wages. 

Eastman  Kodak  Co.,  677,  1/16/19.  See  also  Omaha  Building  Trades  Coiin- 
cil,  972,  2/12/19.  Where,  however,  electrical  employees  of  companies 
which  had  always  maintained  closed  union  shops  proposed  agreements 
with  the  companies  which  so  classified  patrolmen  as  to  bind  the  com- 
panies to  employ  only  journeymen  linemen,  whereas  other  special  quali- 
fications, such  as  ability  to  use  snowshoes  and  traverse  rough  country, 
were  equally  important,  the  board  refused  to  grant  the  proposed  classifi- 
cation, but  recommended  that  the  companies  grant  the  patrolmen  union 
conditions  and  otherwise  treat  with  them  as  organized  employees:  Mon- 
tana Power  Co.,  583,  2/13/19. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  65 

In  other  cases,  without  abrogating  contracts  between  unions  and 
employers,  the  board  has  under  submission  agreements  made  increases 
in  wages. 

Indianapolis  Painters,  62,  9/27/18;  Pressmen's  Union  of  Chicago,  105, 
9/27/18;  Philadelphia  Carpenters  arid  Joiners,  31 5,  11/19/18;  Printers' 
League,  N.  Y.,  446,  11/19/18;  Cincinnati  Traction  Co.,  408,  11/21/18; 
Pressmen's  Union,  N.  Y.,  446  a,  12/6/18;  Typographical  Union,  446  b, 
12/6/18 ;  Paper  Cutters'  Union,  446  c,  12/6/18 ;  Bindery  Women's  Union, 
446  d,  12/6/18;  Paper  Handlers'  Union,  446  e,  12/6/18;  Press  Feeders' 
Union,  446  f,  12/6/18;  N.  Y.  Photo  Engravers'  Union,  892,  3/12/19.  See 
also  Joplin  &  Pittsburg  Railway  Co.,  23,  7/31/18;  Detroit  United  Rail- 
way Co.,  32,  7/31/18;  Pollak  Steel  Co.,  102,  8/21/18;  Philadelphia 
Painters,  230,  11/19/18;  Wilkesbarre  cases,  638,  2/20/19;  Rochester 
Founders,  Inc.,  474,  3/6/19;  Municipal  Gas  Co.,  1041,  4/30/19.  Where, 
however,  there  were  contracts  between  unions  and  employers,  and  the 
employers  did  not  join  in  the  submission,  the  board  has  said  that  it  did 
not  feel  authorized  to  modify  or  annul  existing  contracts,  but  it  has 
recommended  that  conferences  be  held  between  representatives  of  the 
employers  and  the  unions  involved  for  the  adjustment  of  complaints  in 
the  manner  provided  for  in  the  existing  agreements:  Commercial  Teleg- 
raphers' Union,  722,  723,  3/5/19;  Review  Publishing  Co.,  1052,  3/26/19. 
See  also  Roofers'  Association  of  Philadelphia,  1051,  4/29/19.  In  1052 
the  board  added,  "  We  believe  that  due  consideration  should  be  given  to  the 
abnormal  increase  in  the  cost  of  living  during  the  war  period,  which  con- 
dition could  not  have  been  foreseen  at  the  time  of  the  making  of  a  five- 
year  contract." 

In  establishments  where  union  and  nonunion  men  and  women  now 
work  together  and  the  employer  meets  only  with  employees  or  repre- 
sentatives engaged  in  said  establishments,  the  continuance  of  such 
conditions  shall  not  ~be  deemed  a  grievance.  This  declaration,  how- 
ever, is  not  intended  in  any  ma.nner  to  deny  the  right  or  discourage 
the  practice  of  the  formation  of  labor  unions  or  the  joining  of  the 
same  ~by  the  workers  in  said  establishments,  as  guaranteed  in  the  last 
paragraph,  nor  to  prevent  the  War  Labor  Board  from  urging  or  any 
umpire  from  granting,  under  the  machinery  herein  provided,  im- 
provement of  their  situation  in  the  matter  of  wages,  hours  of  labor, 
or  other  conditions  as  shall  be  found  desirable  from  time  to  time. 

Established  safeguards  and  regulations  for  the  protection  of  the 
health  and  safety  of  workers  shall  not  be  relaxed. 

REPRESENTATION  OF  WORKERS  BY  OUTSIDE  AGENTS. 

As  a  general  rule  an  employer  is  not  obliged  to  contract  with  a 
union  or  to  deal  with  a  representative  of  the  employees  who  is  not 
himself  an  employee  unless  the  employer  has  been  so  acting  before 
the  submission  of  the  controversy  to  the  board. 

St.  Joseph  Lead  Co.,  16,  7/31/18;  A.  M.  Byers  Co.,  134,  9/13/18;  Dayton 
Street  Railway  Co.,  150,  10/24/18;  St.  Louis  Coffin  Co.,  258,  11/19/18; 
Commonwealth  Steel  Co.,  472,  11/19/18;  Machinists,  Philadelphia,  400, 
12/20/18 ;  Ohio  Electric  Railway  Co.,  Lima  Interurban  Lines,  627,  Zanes- 
ville  Lines,  627  a,  Springfield  Interurban  Lines,  627  b,  1/15/19 ;  umpire's 
award  in  Parsons  Co.,  831,  4/9/19.  See  also  Detroit  United  Railway  Co., 
82,  7/31/18;  Columbus  Railway,  Power  &  Light  Co.,  146,  7/31/18;  Estate 
Stove  Co.,  53,  9/13/18;  Columbus  Railroad  Co.,  302,  10/22/18;  Georgia 
Railway  &  Power  Co.,  159,  12/5/18;  Savannah  Electric  Co.,  748  sup., 
1/28/19;  Emerson-Brantingham  Co.,  Batavia,  111.,  106,  1/29/19;  Western 
Drop  Forge  Co.,  384,  1/29/19;  findings  in  Bridgeport  Munition  Workers, 
132,  8/28/18 ;  Hastings  &  Schoen,  556,  3/6/19 ;  Spokane  and  Inland  Em- 
pire Railroad  Co.,  503,  3/27/19;  Louisville  &  Northern  Railway  &  Light- 
ing Co.,  555,  4/10/19. 

121338°— 20 5 


66  EEPOET  SECRETARY   NATION  AL   WAR  LABOR  BOARD: 

Umpire  Lind  decided,  however,  that,  under  special  circumstances 
(he  refusal  to  meet  a  chosen  representative  of  the  men  who  is  not  ail 
employee  may  constitute  ti  grievance. 

Niles-Bement-Pond  Co.,  I'laiusiiekl,  X.  J.,  330,  12/9/18. 

In  the  case  then  before  him  the  company  had  for  years  dealt  with 
a  business  agent  of  the  union.  In  December,  1916",  a  recently  ap- 
pointed manager  refused  to  deal  with  that  agent  but  sometime  after- 
wards granted  an  increase  of  wages  which  had  been  sought.  Tho 
right  of  the  men  to  be  represented  by  an  outsider,  therefore,  re- 
mained in  abeyance  so  far  as  the  men  were  concerned  until  May,  1918, 
when  the  company  again  refused  to  deal  with  that  agent.  In  August, 
1918,  there  was  a  strike  of  all  but  one  of  the  men  employed  in  the 
plant,  which  ended  on  submission  to  the  board.  The  umpire  held 
that  under  the  circumstances  of  this  case  the  refusal  to  deal  with  tho 
business  agent  constituted  a  grievance.  "  In  an  establishment  where 
the  practice  had  been  uniform  one  way  or  the  other,  it  was  quite  nat- 
ural for  the  board  to  lay  down  the  riile  that  the  continuance  of  such 
practice  during  the  war  should  not  constitute  a  grievance,  but  where, 
as  in  this  case,  there  had  been  an  apparently  arbitrary  change,  such 
a  change  might  well  constitute  a  grievance," 

The  company  filed  a  protest  to  which  the  umpire  made  this  reply :  "  As  I 
read  and  understand  the  principles  formulated  by  the  board  it  is  only  iu 
union  shops  that  the  board  pledges  itself  to  the  maintenance  of  the  con- 
ditions existing  at  the  thus  the  principles  wore  adopted.  In  other  shops, 
such  as  this,  the  board  reserved  full  power  and  control  of  all  the  condi- 
tions in  the  shop.  It  only  provided  that  the  refusal  of  the  employer  to 
meet  nonemployees  as  representatives  of  employees  should  not  constitute 
a  grievance.  Whether  the  employees  in  this  establishment  could  have* 
predicated  a  grievance  on  the  changed  attitude  of  the  corporation  in  this 
case  is  really  beside  the  question,  for  that  specific  question  was  by  the 
joint  action  of  the  employer  and  employees  submitted  to  the  board  and  to 
the  umpire  as  one  of  the  grievances  to  be  passed  upon." 

RECOGNITION  OF  UNION. 

The  joint  chairmen  when  acting  as  arbitrators  in  the  Omaha  and 
Council  Bluffs  Street  Railway  Co.  case 

134  sup.,  1/3/19. 

declared  that  while  "  the  rules  of  the  board  permit  an  employer  to 
insist  that  in  the  negotiations  between  him  and  his  employees  he 
may  deal  only  with  his  employees,  and  only  with  representatives  of 
his  employees  who  are  his  employees,"  they  do  "  not  prevent  his  em- 
ployees through  the  agency  of  any  union  to  which  they  may  belong 
to  adopt  any  method  prescribed  by  the  union  for  the  selection  of  a 
committee  of  employees  to  represent  the  union  men  in  his  em- 
ploy. *  *  *  The  words  6  recognition  of  the  union '  have  had  an 
artificial  and  tin  improper  meaning  given  to  them  by  employers. 
They  have  been  too  technical  in  their  treatment  of  committees  of 
their  employees  who  have  come  to  them  to  represent  their  union  em- 
ployees, when  they  have  said  to  such  a  committee  '  Do  you  represent 
the  union '  and  '  if  you  do  we  decline  to  deal  with  you.'  The  ques- 
tion is  not  whether  they  represent  the  union.  The  question  is  whether 
they,  being  employees,  represent  other  employees,  and  if  that  is  tho 
fact,  their" mere  refusal  to  say  that  they  do  not  represent  the  union, 
or  their  admission  that  they'  do,  does  not  imply  a  contract  dealing 


I1KPORT  SECRETARY  NATIONAL,  WAll  LABOR  BOARD.  07 

with  the  union  or  amr  organization  in  the  sen-:e  in  which  the  Wai- 
Labor  Board  understands  the  term.  We  think  that  due  to  the  prido 
of  the  men  in  their  union  and  organization,  and  the  technical  sensi- 
tiveness of  the  employer,  many  troubles  have  arisen  that  might  have 
been  completely  avoided  by  a  clear  understanding  of  the  view  of 
the  National  War  Labor  Board  in  this  regard." 

And  the  board  has  declared  that  a  company  should  give  to  its 
workers  the  privilege  of  dealing  with  their  employers  through  prop- 
erly accredited  committees  and  that  "the  officials  of  the  company 
should  meet  with  these  committees  regardless  of  the  fact  that  they 
may  be  elected  at  meetings  of  employees  who  are  members  of  ;» 
union." 

Recommendations  in  Louisville  £  Northern  Railway  &  Lighting  Co.,  .55.5, 
4/1.0/10:  Los  Angeles  Railway  Corporation,  753,  4/10/19;  Pacific  Electric 
Railway  Co.,  2Ut,  4/9/19;  San  Diego  Electric  Railway  Co.,  .J5£,  4/10/19. 

"  In  meeting  committees  of  employees  so  elected  the  company  does 
not  necessarily  recognize  the  union  or  deal  with  it  as  such.  What 
they  are  dealing  with  is  committees  of  employees  and  not  with  the 
union." 

Pacific  Electric  Railway  Co.,  214,  4/9/19;  Los  Angeles  Railway  Corpora- 
tion, 7'Jtf,  4/10/10.  In  these  cases  the  board  referred  with  approval  to 
language  used  by  the  joint  chairmen  as  arbitrators  in  Omaha  and  Council 
Bluffs  Street.  Railway  Co.,  7J//  *H./J.,  1/8/19,  quoted  earlier  in  this  section. 
See  also  Sun  Diego  Electric  Railway  Co.,  .'/£?,  4/1.1/19. 

PROTECTING  HEALTH  AND  SAFETY  OF  WORKERS. 

In  protecting  the  health  and  the  safety  of  workers  the  board  has 

ordered  tin  electric  company  to  furnish  to  the  workers  the  necessary 

rubber  appliances  to  protect  them  in  case  of  high  voltage  and  to 

furnish  rubber  coats  and  boots  to  the  workers  in  inclement  weather; 

Northern  Indiana'  Gas  &  Electric  Co.,  j»,  11/22/18. 

it  has  ordered  a  steel  company  to  furnish  rubber  clothing  to  the 
men  when  they  were  engaged  in  the  work  of  sinking  shaft  or  winze ; 

Wharton  Steel  Co.,  7.98,  8/14/19.  See  also  Tennessee  Copper  Co.,  1028, 
4/10/19;  Sinclair  Refining  Co.,  395,  11/20/18. 

it  has  declared  that  safety  appliances  conforming  to  recognized  State 
and  Federal  standards  should  be  maintained,  and  adequate  sanitary 
and  toilet  facilities  should  be  provided; 

Standard  Wheel  Co.,  176,  10/25/18;  National  Car  Coupler  Co.,  328, 
11/19/18 ;  Holders,  Williamsport,  355,  12/20/18.  See  also  Corn  Products 
Refining  Co.,  130,  11/21/18. 

it  has  ordered  that  safe  and  proper  sanitary  conditions  be  established 
and  maintained,  and  reasonable  conveniences  for  the  workers  be 
provided ; 

Little  Rock  Laundries,  233,  11/9/18.  In  Tennessee  Copper  Co.,  1028, 
4/10/19.  there  appeared  to  be  great  need  for  improvement  in  the  sani- 
tary and  safety  conditions,  so  that  the  board  recommended  the  establish- 
ment of  a  permanent  joint  safety  committee  to  consider  those  conditions. 

and  it  has  not  only  decided  that  a  sufficient  number  of  sanitary 
drinking  fountains,*  toilets,  lockers  and  bathing  facilities  should  bo 


68  REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD. 

installed  in  all  departments  and  kept  in  a  clean  and  sanitary  con- 
dition, 

National  Refining  Co.,  97,  8/28/18;  Sinclair  Refining' Co.,  395,  11/20/18. 
but  it  has  ordered  that  sanitary  drinking  fountains  be  installed  so 
that  they  could  be  packed  with  ice  from  May  15  to  October  15  of  each 
year, 

National  Refining  Co.,  97,  8/28/18. 

and  that  ventilators  be  installed  and  sufficient  heat  supplied  in  the 
shop  in  cold  weather  to  make  the  shop  a  comfortable  and  healthful 
place  in  which  to  work. 

Sinclair  Refining  Co.,  395,  11/20/18. 

It  has  carefully  provided  as  to  the  conditions  which  should  pre- 
vail in  camps  and  the  charges  which  should  be  made  for  board  and 
lodging. 

Award  in  Intermonntain  Power  Co.,  440,  11/22/18,  provided  that  company 
should  furnish  board  and  lodging  for  one  dollar  per  day,  and  that  all 
meals  should  be  served  at  camp. 

In  Montana  Power  Co.,  583,  2/13/19,  the  board  allowed  the  practice  of  de- 
ducting one  dollar  per  day  from  the  pay  of  employees  when  fed  and 
lodged  by  the  company  while  away  from  their  home  station  to  continue. 
It  said  that  the  charge  seemed  moderate,  and  as  the  men  introduced  no 
evidence  in  support  of  their  position  their  claim  was  denied. 

In  Spokane  and  Inland  Empire  Railroad  Co.,  503,  3/27/19,  the  board  decided 
that  men  detailed  away  from  headquarters  should  receive  their  board 
and  lodging  over  and  above  their  regular  pay,  whether  on  repair  or  con- 
struction work.  But  it  further  provided  that  "  Special  construction 
gangs  shall  be  governed  as  follows:  $1.20  per  day  for  each  day's  work 
shall  be  deducted  by  the  company  for  board  and  lodging.  Board  shall  be 
wholesome  and  sufficient  and  lodging  sanitary.  Camps  shall  be  furnished 
with  spring  beds  or  cots,  mattresses,  pillows,  sheets,  blankets,  pillow  cases, 
and  towels.  The  two  latter  shall  be  laundered  at  least  once  a  week  and 
blankets  at  least  once  every  two  weeks.  Cook  houses  and  dining  houses 
shall  be  screened  in  fly  season.  The  day  shall  be 'eight  hours,  camp  to 
camp,  four  ways  on  the  company's  time,  and  all  meals  shall  be  eaten  at 
the  camp." 
It  has  established  lunch  periods  of  twenty  minutes, 

For  employees  working  underground:  Wharton  Steel  Co.,  978,  3/14/19. 
of  thirty  minutes, 

Machinists,  Hamilton,  Ohio,  978,  4/10/19.  Thirty  minutes  with  pay  where 
there  are  three  shifts  daily :  Corn  Products  Refining  Co.,  130,  11/21/18. 

of  forty-five  minutes, 

Philadelphia  Railways  Co.,  442,  10/24/18. 
and  of  one  hour. 

Intel-mountain  Power  Co.,  440,  11/22/18.    One  hour  for  dinner  six  days  in 
the  week  and  30  minutes  for  supper  on  Saturday  or  the  day  before  a 
holiday :  Meat  Cutters  of  East  St.  Louis,  111.,  829,  3/4/19. 
In  two  cases  the  time  spent  in  traveling  to  and  from  the  meal  was 
to  be  on  the  company's  time. 

Intel-mountain  Power  Co.,  440,  11/22/18 ;  Spokane  and  Inland  Empire  Rail- 
road Co.,  503,  3/27/19. 

Other  questions  as  to  working  conditions  have  been  left  to  negotia- 
tion between  the  workers  and  the  management ; 

Newsprint  Paper,  35,  6/27/18;  Bethlehem  Steel  Co  22 .J/31/18;  Pollak 
Steel  Co.,  102,  8/21/18;  Smith  &  Wesson,  273,  8/21/18;  Standard 


REPORT   SECRETARY  NATIONAL  WAR  LABOR  BOARD.  69 


Wheel  Co.,  176,  10/25/18 ;  Little  Rock  Laundries,  233,  11/9/18 ;  St.  Louis 
Coffin  Co.,  258,  11/19/18 ;  Worthington  Pump  &  Machinery  Corp.,  Cudahy, 
163,  12/20/18.  "We  recommend  that  the  working  conditions  and  sani- 
tary conditions  in  the  plant  be  taken  up  by  the  shop  committee  and  the 
mnnngcment,  and  that  the  regulations  of  the  State  of  Colorado  be  con- 
formed to :  "  Western  Chemical  Co.,  1042,  4/10/19. 

in  some  instances  allowing  an  appeal  to  the  board  in  case  of  dis- 
agreement ; 

Smith  &  Wesson,  273,  8/21/18;  Standard  Wheel  Co.,  176,  10/25/18. 
in  other  instances  directing  the  examiner 

Little  Rock  Laundries,  233,  11/9/18. 
or  the  workers 

St.  Louis  Coffin  Co..  258,  11/19/18.  See  also  recommendation  in  Parlin  & 
Orendorff,  ,585,  2/12/19.  In  Coopers,  Chicago,  111.,  696,  3/4/19,  the  board 
recommended  that  the  matter  of  unsanitary  conditions  and  unguarded 
machinery  be  brought  to  the  attention  of  the  State  department  of  labor 
and  tiiu  Public  Health  Office. 

to  appeal  to  the  local  authorities  if  proper  sanitary  conditions  were 
not  established. 

On  the  other  hand,  where  the  board  had  granted  increases  in  wages 
and  pay  for  overtime,  it  refused  to  order  that  free  meals  be  furnished 
to  workers  held  after  regular  hours  and  that  there  be  no  penalization 
of  workers  in  bad  weather. 

Northern  Indiana  Gas  &  Electric  Co.,  45,  11/22/18. 
^  WOMEN  IN  INDUSTRY. 

//  it  shall  became  necessary  to  em/ploy  women  on  worh  ordinarily 
performed  by  men,  they  must  be  allowed  equal  pay  for  equal  work 
and  must  not  be  allotted  tasks  disproportionate  to  their  strength. 

EQUAL  PAY  FOR  EQUAL  WORK. 

The  principle  which  has  just  been  quoted  has  been  restated  by  the 
board  in  a  number  of  the  awards. 

Newsprint  Paper,  35,  6/27/18 ;  General  Electric  Co.,  Pittsfield,  19,  7/31/18 ; 
Bethlehem  Steel  Co.,  22,  7/31/18 ;  General  Electric  Co.,  Schenectady,  127, 
7/31/18,  st^p.,  11/22/18;  Bridgeport  Munition  Workers,  132,  8/28/18; 
Rhode  Island  Co.,  180,  10/2/18;  Boston  Elevated  Railway  Co.,  181, 
10/2/18;  Willys-Overland  Co.,  95,  10/11/18;  Portland  Railway,  Light  & 
Power  Co.,  72,  10/24/18;  Dayton  Street  Railway  Co.,  150,  10/24/18; 
Kansas  City  Railways  Co.,  265,  10/24/18;  Standard  Wheel  Co.,  176, 
10/25/18;  Little  Rock  Laundries,  233,  11/9/18;  St.  Louis  Car  Co.,  J,a, 
11/11/18 ;  St.  Louis  Coffin  Co.,  258,  11/19/18 ;  Detroit  United  Railway  Co., 
32  sup.,  11/20/18;  East  St.  Louis,  Columbia  &  Waterloo  Railway,  175, 
11/20/18;  Cumberland  County  Power  &  Light  Co.,  1,3%,  11/20/18;  Lewis- 
ton,  Augusta  &  Waterville  Street  Railway  Co.,  448,  11/20/18;  Corn 
Products  Refining  Co.,  130,  11/21/18;  Auburn  and  Syracuse  Electric 
Railroad  Co.,  203,  11/21/18;  Syracuse  Northern  Electric  Railway,  246, 
11/21/18;  Rochester  and  Syracuse  Railroad  Co.,  278,  11/21/18;  Em- 
pire State  Railroad  Corporation,  289,  11/21/18;  Cincinnati  Traction 
Co.,  408,  11/21/18;  Buffalo  and  Lake  Erie  Traction  Co.,  628, 
12/5/18;  Worthington  Pump  &  Machinery  Corporation,  Cudahy, 
163,  12/20/18;  Ohio  Electric  Railway  Co.,  Lima  Interurban  Lines, 
627,  Springfield  Interurban  Lines,  6271),  Newark  Lines,  627c, 
1/15/19;  Boston  &  Worcester  Street  Railway  Co.,  851,  1/15/19;  B.  F. 
Sturtevant  Co.,  393,  1/30/19 ;  Midvale  Steel  &  Ordnance  Co.,  129,  2/11/19 ; 


70  REPORT  SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

Madison  Machinists,  J.OJ,  2/18/19:  Meat  Cutlers,  East  Si.  Louis,  III.,' 
829,  3/4/19;  Walworth  Manufacturing  Co.,  27 j,  3/6/19;  Chambersburg, 
Pa.,  cases,  371,  3/11/19;  Matthews  Engineering  Cov  542,  542a,  3/27/19. 
See  also  New  York  Central  Iron  Works  Co.,  Hagerstown,  ;-?,07,  9/26/18; 
Coopers,  Chicago,  111.,  696  to  701,  3/4/19;  Midwest  Engine  Co.,  562  a, 
3/26/19 ;  Vim  Motor  Co.,  853,  4/9/19 ;  Machine  Companies  of  Columbus, 
Ohio,  502,  4/10/19  ;  Richmond,  Ind.,  cases,  6.'f3,  4/10/19  ;  Western  Chemical 
Co.,  1042,  4/10/19;  Minneapolis  Steel  &  Machinery  Co.,  .Jo1,  4/11/19. 

In  some  of  these  cases  the  board  has  established  lower  minimum 
wages  for  women  than  were  established  for  men ; 

General  Electric  Co.,  Pittsfield,  19,  7/31/18 :  Bridgeport  Munition  Workers, 
132,  8/28/18;  AVillys-Overland  Co.,  ,9,7.  10/11/18;  St.  Louis  Car  Co.,  4  a, 
11/11/18;  Pittsfield  Machine  &  Tool  Co.,  &?7,  11/21/18;  Matthews  Engi- 
neering Co.,  542,  542ft,  3/27/19.  And  see  decisions  on  appeal  i>om 
examiner  in  Boston  Elevated  Railway  Co.,  181,  12/5/1S. 

but  it  did  not  thereby  consent  to  the  paying  of  lower  wages  to  women 
than  were  paid  to  men  for  the  same  work. 

The  board  has  also  decided  that  colored  women  should  receive  pay 
equal  to  that  received  by  white  women  for  equal  work. 

Little  Rock  Laundries,  233,  11/9/18. 

EMPLOYMENT  OF  WOMEN  AS  CONDUCTORS. 

The  employment  of  women  as  conductors  was  considered  by  the 
joint  chairmen  as  arbitrators  in  July,  1918,  in  the  Detroit  United 
Railway  Co.  case. 

32,  7/31/18. 

While  there  was  a  closed-shop  contract  between  the  company  and 
the  union,  the  parties  agreed  that  there  should  be  no  discrimination 
against  women  or  colored  men  if  the  necessity  for  their  employment 
should  arise,  this  agreement  was  incorporated  in  the  award,  and 
under  it  a  number  of  women  were  employed  as  conductors.  After 
the  signing  of  the  armistice  the  union  protested  against  the  continued 
employment  of  the  women  upon  the  ground  that  their  services  were 
no  longer  necessary,  and  the  controversy  was  brought  before  the 
joint  chairmen  as  arbitrators. 

Detroit  United  Railway  Co.,  444,  1/18/19. 

They  pointed  out  that  "This  case  does  not  involve  the  general 
question  of  the  right  of  women  to  pursue,  as  a  livelihood,  any  em- 
ployment which  they  desire.  It  arises  under  closed-shop  restrictions 
which,  under  our  principles,  during  the  war,  we  are  required  to 
maintain.  The  issue,  therefore,  is  one  of  the  interpretation  of  the 
contract  and  the  determination  of  fact  to  which  the  contract  applies.'' 
They  found  that  it  was  not  necessary  for  the  company  to  employ  any 
more  women  as  conductors  and  that  no  more  women,  except  those 
who  had  already  qualified  for  employment,  should  be  taken  into  its 
service. 

"  The  further  issue  arises  whether  we  should  say  to  the  company, 
under  the  contract  and  circumstances,  that  it  is  its  duty  to  discharge 
the  women  now  in  its  employ.  We  find  no  such  express  limitation 
upon  the  employment  of  women  in  the  contract.  And  we  feel  that 
without  such  express  provision  equity  and  fair  dealing  toward  the 
women  who  have  prepared  themselves  for  this  employment,  changed 
their  residence  in  order  to  meet  the  requirements  of  the  employment, 


REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD.  71 

and  who  doubtless  in  many  instances  have  come  to  be  dependent  on 
the.  income  received  from  the  employment,  require  us  to  hold  that 
no  such  implication  arises  from  the  wording  used  and  that  the 
union  must  be  content  with  the  continued  employment  of  the  women  " 
whose  cases  were  under  consideration. 
In  the  Cleveland  Railway  Co.  case, 

191,  3/17/19. 

where  the  company  had  recently  discharged  its  women  conductors 
although  it  could  have  found  use  for  their  services,  the  board  ap- 
proved: the  decision  in  the  Detroit  case  and  declared  that  on  the 
basis  of  that  decision  the  women  should  be  reinstated.  While  the 
employment  of  women  was  limited  by  contract  in  the  Detroit 
case,  there  was  no  such  limitation  in  the  Cleveland  case. 

HOURS  OF  LABOR. 

The  basic  eight-hour  day  is  recognized  a$  applying  in  all  cases  in 
'irhtch  existing  law  requires  it.  In  all  other  cases  the  question  of 
hours  of  labor  shall  be  settled  with  due  regard  to  governmental  neces- 
sities and  the  welfare,  health,  and  proper  comfort  of  the  workers. 

I.  INDUSTRIAL  CASES. 
NO  GENERAL  RULE  ESTABLISHED. 

Wliile  the  board  has  announced  that  it  had  under  consideration  the 
matter  of  the  determination  of  the  proper  working  day, 

"  The  board  hereby  announces  that  it  lias  under  consideration  the  matter 
of  the  determination  of  the  proper  working  day  and  that  the  decision  here 
made  may  be  subject  to  modification  when  and  as  the  board  comes  to 
a  determination  in  that  regard :  "  WortMngton  Pump  &  Machinery  Cor- 
poration, East  Cambridge,  U^  7/11/18;  Waynesboro  cases,  JfO,  7/11/18. 
See  also  Pollak  Steel  Co.,  102,  8/21/18. 

it  has  not  yet  established  any  rule  as  to  hours  which  is  of  uniform 
application. 

Upon  several  occasions  differences  of  opinion  in  the  board  resulted 
in  the  submission  of  the  question  of  hours  to  umpires.  The  umpires 
usually  have  awarded  the  basic  eight-hour  day,  although  one  umpire 
awarded  the  actual  eight-hour  day  and  other  umpires  regarded  it  as 
desirable  in  most  cases.  There  are  two  awards  of  longer  basic  days. 

The  board  at  one  time  rendered  several  decisions  in  favor  of  a  basic 
48-hour  week  with  a  guarantee  of  a  minimum  number  of  hours  of 
employment  and  provision  against  excessive  overtime.  More  fre- 
quently it  has  awarded  the  basic  eight-hour  clay,  either  stating  rea- 
sons applicable  to  the  particular  cases  under  consideration  or  refrain- 
ing from  any  statement  of  reasons.  In  other  cases  it  has  decreed  a 
nine-hour  day,  because  the  men  had  asked  for  it  or  because  the  parties 
had  agreed  upon  it;  it  has  refrained  from  changing  the  hours  even 
where  the  men  were  working  more  than  eight  hours  a  day;  and  it  has 
provided  for  collective  bargaining  between  the  parties  and  left  the 
question  of  hours  to  collective  bargaining.  There  are  also  a  few 
exceptional  cases  which  will  be  noted  later. 


72  REPORT  SECRETARY  NATIONAL   WAR  LABOR  BOARD. 

EIGHT-HOUR  DAY  USUALLY  AWARDED  BY  UMPIRES. 

In  several  cases  the  board,  being  unable  to  reach,  a  decision,  com- 
mitted the  question  to  an  umpire.  The  decision  in  these  cases  was 
usually  in  favor  of  the  basic  eight-hour  day  or  in  favor  of  the  actual 
eight-hour  clay,  although  in  two  instances  other  awards  were  made. 

Umpire  Eidlitz  awarded  the  eight-hour  day,  with  such  discvission 
and  such  provisions  for  overtime  that  it  seems  clear  that  the  basic 
eight-hour  day  was  intended. 

Bridgeport  Munition  Workers',  132,  8/28/18. 

Umpire  Clark  awarded  that  there  should  be  an  actual  eight -hour 
day,  that  overtime  should  not  be  worked  except  in  case  of  an  emer- 
gency, and  that  nothing  should  be  held  to  be  an  emergency  unless  so 
declared  by  three  votes  on  a  joint  board  to  consist  of  two  members 
representing  the  employers  and  two  members  representing  the  em- 
ployees. 

Wheeling.  Holders,  37  6,  9/16/18. 

Umpire  Ford  was  asked  simply  whether  or  not  the  machinists 
should  be  granted  a  basic  eight-hour  day  with  higher  rates  for  over- 
time. He  replied  in  the  affirmative,  but  added  that  very  few  emer- 
gencies justified  the  practice  of  exceeding  eight  working  hours,  and 
urged  adherence  to  the  actual  eight-hour  day. 
Wheeling  Machinists,  37  a,  10/30/18. 

These  three  cases  were  the  only  ones  involving  hours  of  labor 
wrhich  were  decided  by  umpires  before  the  signing  of  the  armistice. 
But  umpires  have  been  called  upon  to  decide  several  such  controver- 
sies since  November  11. 

In  the  case  of  the  Iron  Molders  of  Elizabeth,  N.  J., 

160,  12/17/18. 

the  hearing  before  Umpire  Mack  was  on  December  7  and  the  award 
was  to  be  effective  only  until  December  31.  The  award  was  expressly 
based  solely  upon  conditions  as  they  existed  at  that  particular  time. 
The  umpire  said  that  the  demand  for  the  eight-hour  day  was  fully  jus- 
tified and  that  there  was  abundant  reason  to  believe  that  in  the  long 
run  a  change  in  the  actual  working  day  from  nine  to  eight  hours 
would  not  lessen  production,  but  that  under  the  particular  conditions 
existing  at  the  time  of  the  award  he  did  not  feel  able  to  go  further 
than  to  award  the  basic  eight-hour  day.  He  declared  that  the  work- 
ing of  overtime  should  be  regarded  as  an  abnormal  condition,  but 
allowed  such  work  if  paid  for  at  overtime  rates. 

Umpire  Mack  also  decided  the  case  of  the  Molders  of  Warren, 
Ohio. 

437,  1/8/19. 

At  the  hearing  the  men  had  asked  for  the  actual,  not  the  basic, 
eight-hour  day.  The  umpire  said,  u  If  the  award  had  been  made  at 
that  time,  this  request  might  well  have  been  granted,  with  proper 
provisions  for  overtime  only  in  emergency,  to  be  determined  by  the 
parties  jointly.  For  the  brief  remaining  period,  such  provisions 
are  not  essential." 


EEPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  73 

1 

Umpire  McChord  awarded  the  basic  eight-hour  day  to  the  Ma- 
chinists of  Madison,  Wis., 

195,  2/8/19. 
and  in  the  Chambersburg,  Pa.,  cases. 

371,  3/11/19. 

Umpire  Macy  in  the  New  York  Harbor  case 
10,  2/25/19. 

awarded  the  basic  eight-hour  day  to  some  workers  and  the  basic  48- 
hour  week  to  other  workers,  while  as  to  a  third  class  of  emploj^ees  he 
decided  that  the  hours  should  remain  unchanged  until  after  an  inves- 
tigation and  a  decision  by  a  commission  which  was  provided  for  in 
the  award.  In  the  case  of  the  third  class  of  men,  he  declared  that  it 
was  possible  that  the  peculiar  nature  of  the  work  done  by  them  re- 
quired longer  days  from  them  than  were  required  of  other  classes  of 
workers ;  but,  at  the  same  time,  he  declared  that  men  who  were  regu- 
larly employed  for  long  days  should  receive  a  greater  rate  of  com- 
pensation than  would  be  the  case  if  their  days  were  shorter. 

"  Some  industries  in  their  operation  have  inherent  disadvantages,  such  as 
unusual  danger  to  life  and  limb.  In  such  industries  it  is  recognized  that 
the  workers  should  be  compensated  for  this  risk.  *  *  *  Excessive 
hours  are  as  dangerous  to  good  citizenship  as  are  noxious  fumes  to  the 
health  of  the  workers.  There  may  be  certain  occupations  in  which  the 
straight  eight-hour  day  is  inherently  impossible;  if  so,  the  basic  eight- 
hour  day  should  be  the  standard  and  the  pay  for  overtime  regarded  as  a 
legitimate  expense  and  a  just  charge  to  be  borne  by  the  public.  It  would 
seem,  therefore,  that  the  burden  of  proof  thr.t  an  eight-hour  day  is  im- 
possible in  an  industry  lies  on  those  who  deny  its  practicability  as  well 
as  upon  those  who  request  its  installation.  The  workers  in  a  dangerous 
occupation  or  in  one  requiring  undue  hours  should  not  be  compelled  to 
carry  the  burden  alone.  *  *  A  wage  scale  with  punitive  overtime 

provisions  can  not  be  determined  with  justice  to  the  workers  or  to  the 
public  without  a  real  knowledge  of  the  conditions  of  the  industry,  and 
the  number  of  hours  required  to  do  the  necessary  tasks.  There  is  noth- 
ing gained  by  limiting  the  working  day  without  a  punitive  provision  for 
overtime.  On  the  other  hand,  in  fixing  the  basic  working  day  and  scale, 
it  is  necessary  to  know  approximately  whether  overtime  will  be  the  ex- 
ception or  the  rule.  If  it  is  known  beforehand  that  overtime  will  of 
necessity  be  the, normal  condition,  then  the  punitive  provision  for  over- 
time is  merely  another  method  of  securing  a  higher  wage  scale  in  com- 
pensation for  excessive  hours  and  loses  its  punitive  purpose.  Such  a  con- 
dition requires  special  regulations  for  overtime  work.  *  *  *  Because 
12  hours  has  been  the  custom  is  no  reason  why,  with  careful  investiga- 
tion of  the  facts,  a  lesser  number  of  hours  might  not  be  discovered  to  be 
advantageous  and  desirable.  Any  industry  that  requires  a  working  day 
of  10  and  12  hours  must  show  affirmatively  the  necessity  for  the  con- 
tinuance of  such  hours.  The  commerce  of  the  port  of  New  York  is  too 
important  to  the  city  and  nation  to  warrant  any  arbiter  in  hastily 
reducing  the  working  day  from  10  or  12  hours  to  8  without  having  be- 
fore him  the  full  facts  as  to  the  probable  result  of  such  a  change.  As 
above  stated,  the  necessary  information  is  at  present  entirely  lacking." 
The  appointment  of  a  conimission  was,  therefore,  recommended. 

Umpire  "Willcox  awarded  a  nine-hour  work  day  to  the  molders 
the  Parsons  Co.,  Newton,  Iowa, 

83L  4/9/19. 

upon  the  ground  that  the  eight-hour  day  appeared  to  be  impracticable 
in  the  particular  plant  involved  because  it  would  cut  down  the  num- 
ber of  pourings  from  four  to  three. 


74  REPORT  SECRETARY   NATIONAL   WAR  LABOR  BOARD. 

DECISIONS  OF  BOARD  IN  FAVOR  OF  48-HOUR  WEEK. 

The  board  itself  has  awarded  a  48 -lion r  week  in  several  cases,  most 
of  which  were  decided  in  October,  1918.  It  has  said : 

"  The  regular  working  time  of  each  full  week  shall  consist  of  48 
hours,  divided  into  six  daily  periods  of  8  hours.  All  time  worked 
in  excess  of  8  hours  within  any  one  day,  or  48  hours  within  any  0110 
full  week,  shall  be  considered  overtime  and  shall  be  paid  for  at  tho 
rate  of  time  and  a  half,  but  any  time  worked  on  Sundays  or  holi- 
days shall  be  considered  extra  time  and  shall  be  paid  for  at  the  rate 
of  double  time. 

"  By  mutual  agreement  between  the  management  and  the  workers 
the  daily  working  schedule  may  be  so  lengthened  as  to  permit  of  a 
half  holiday  on  one  day  of  each  week 

"It  is  further  provided  that  no  worker  shall  be  entitled  to  pay- 
ment for  overtime  or  extra  time  unless  he  shall  work  48  hours  in 
said  full  week  (or  40  hours  when  a  holiday  intervenes),  except  in  the 
case  of  illness,  accident,  misfortune,  or  other  just  and  necessary 
cause.*' 

Mason  Machine  Works,  1.11,  10/9/18;  United  Engineering  &  Foundry  Co., 
157,  10/9/18 ;  St.  Louis  Car  Co.,  Jt  «,  10/11/18 ;  Standard  Wheel  Co.,  176, 
10/11/18;  Saginaw  Machinists,  1J7,  10/25/18;  Gem  Metal  Products 
Corp.,  591,  12/17/18;  Walworth  Manufacturing  Co.,  27'/,  3/6/19;  Aineri- 
-  can  Locomotive  Co.,  Schenectady,  61,  10/9/18,  in  the  last  of  which,  by 
agreement  between  the  parties,  all  but  the  first  two  paragraphs  were 
subsequently  stricken  out.  The  language  quoted,  with  the  exception  of 
the  last  sentence,  was  used  in  B.  F.  Sturtevant  Co.,  393,  1/30/19. 

In  each  of  these  awards  there  are  other  provisions  which  guarantee 
a  minimum  number  of  hours  of  work  each  week  to  each  worker  who 
is  employed  on  the  first  day  of  the  week. 

See  section  on  Guarantee  of  Minimum  Number  of  Hours  (p.  84). 
which  guard  against  excessive  overtime  work, 

See   section  on   Provisions  Against   Excessive   Overtime    (p.   83). 
and  which  establish  a  committee  system  for  carrying  the  provisions 
as  to  hours  into  effect. 

The  board  has  also  awarded  u  48 -hour  week  in  other  cases  in  which 
the  right  to  overtime  pay  does  not  seem  to  be  based  upon  the  weekly 
record. 

In  Pressmen's  Union  of  Chicago,  105,  9/27/18,  the  board  announced  briefly 
that  "The  hours  of  night  workers  shall  be  48  per  week  as  at 
present/'  But  in  that  case  the  pressmen's  contract  provided  for  eight 
hours  work  with  higher  pay  for  overtime  and  the  union  was  asking  for 
a  reduction  from  48  to  45  hours  a  week  for  all  night  workers.  The  case, 
therefore,  is  not  to  be  regarded  as  substituting  a  48-hour  week  for  an 
8-hour  day. 

In  American  Locomotive  Works,  Patersou,  338,  11/20/18,  where  the  men 
wanted  a  Saturday  half-holiday,  the  board  awarded  a  48-hour  week, 
leaving  the  number  of  hours  to  be  worked  each  day  to  the  company  and 
a  committee  representing  the  employees.  The  men  who  were  asking  for 
this  award  declared  at  the  hearing  that  under  it  overtime  should  be 
paid  for  time  worked  beyond  the  daily  schedule  of  hours. 

In  Worthington  Pump  &  Machinery  Corporation,  Cudahy,  .163,  12/20/18,  the 
board  decided  that  "the  number  of  working  hours  shall  bo  the  same  as 
at  present,  namely  48  hours  per  week."  But  in  that  case  there  were  basic 
days  of  8  hours  and  40  minutes  for  five  days  in  the  week  and  4  hours 
and  40  minutes  for  Saturday,  and  overtime  was  paid  for  all  time  worked 
after  this  period  each  day. 


KEPOBT   SECRETARY   NATIONAL   WAR  LABOR   BOARD.  75 

III  United  Textile  Workers,  1.123,  4/10/19,  the  controversy  was  .simply  as 
to  the  total  number  of  hours  to  be  worked  per  week.  There  was  no  in- 
timation that  overtime  pay  should  be  based  on  the  weekly  record. 

DECISIONS   OF  BOARD  IN  FAVOR  OF  BASIC  EIGHT-HOUR  DAY. 

The  board  lias  made  several ji wards  and  recommendations  in  favor 
of  the  basic  eight-hour  day.  In  the  first  of  the  awards  the  decision 
was  based  upon  the  urgent  need  of  uninterrupted  production  in  the 
plants  of  the  company  involved. 

Worthington  Pump  &  Machinery  Corporation,  East  Cambridge,  Mass., 
Buffalo,  N.  Y.,  14,  7/31/18. 

In  other  cases,  as  pointed  out  in  the  awards,  the  decisions  were  based 
upon  agreements  between  the  employers  and  the  employees, 

Sinclair  Refining  Co.,  S.9J,  12/12/18;  Decker  &  Sons,  235,  2/12/19;  Port- 
land Railway,  Light  &  Power  Co.,  567,  2/19/19;  Wilkesbarre  cases,  638, 
2/20/19.  This  was  true  of  Corn  Products  Refining  Co.,  130,  11/21/18, 
although,  not  so  stated  in  the  award.  See  also  Eastern  Steel  Co.,  418, 
1/15/10;  American  Clay  Machinery  Co.,  879,  1/15/19;  American  and 
British  Manufacturing  Co.,  594,  2/12/19.  In  Matthews  Engineering  Co., 
5.'}2,  3/27/19,  the  hoard  decided  that  the  basic  eight-hour  day  with  five 
hours  on  Saturday,  to  which  the  parties  had  agreed,  should  be  continued 
under  the  award;  and  in  Patternmakers,  Columbus,  Ohio,  670,  671, 
3/26/19,  it  recommended  that  the  basic  eight-hour  day  with  four  hours 
on  Saturday,  to  which  the  parties  had  agreed,  should  be  continued. 

upon  the  custom  of  the  plant, 

Holders,  Ridgway,  Pa.,  349,  12/20/18;  recommendations  in  Crown  Cork  & 
Seal  Co.,  830,  2/11/19;  Blake-Knowles  Pump  Works,  East  Cambridge, 
Mass.,  642,  4/9/19;  Tennessee  Copper  Co.,  1028,  4/10/19;  ,T.  A.  McNulty, 
261,  4/11/19;  Minneapolis  Gas  Light  Co.,  473,  4/11/19;  Minnesota  Flour 
Mills,  48*.,  4/11/19;  St.  Paul  Foundry  Co.,  570,  4/11/19;  American  Hoist 
&  Derrick  Co.,  511,  4/11/19;  Standard  Conveyor  Co.,  990,  4/29/19.  It 
appears  from  the  records  that  the  awards  in  National  Refining  Co.,  97, 
8/28/18;  Midvale  Steel  &  Ordnance  Co.,  129,  2/11/19,  also  were  based 
upon  custom  existing  in  those  plants.  The  board  declared  in  award  in 
Machinists,  Philadelphia,  400,  12/20/18,  and  recommendations  in  Midwest 
Engine  Co.,  562  a,  3/26/19;  Tim  Motor  Co.,  853,  4/9/19,  that  existing 
hours  should  continue  until  changed  by  agreement.  The  eight-hour  basic 
day  seems  to  have  been  the  rule  in  the  plants  involved  in  400,  except 
that  the  night  workers  in  one  plant  worked  12  hours  5  nights  per  week. 
In  562  a  the  employees  were  on  an  eight-hour  basic  day.  In  8.13  they 
worked  45  hours  a  week,  with  time  and  a  half  for  overtime. 

or  upon  the  custom  of  similar  plants  in  the  localities  in  which  the 
plants  were  situated. 

Molders,  Ridgway,  Pa.,  849,  12/20/18;  recommendations  in  Bethlehem 
Steel  Co.,  Lebanon,  419,  1/15/19 ;  Lebanon  Valley  Iron  Co.,  420,  1/15/19 
Burden  Iron  &  Steel  Co.,  421,  1/15/19;  Cohoes  Rolling  Mill  Co.,  422, 
1/15/19;  Milton  Manufacturing  Co.,  422  a,  1/15/19;  Pennsylvania  Iron 
&  Steel  Co.,  422  6,  1/15/19;  Carpenter  Steel  Co.,  913,  2/12/19.  See 
also,  under  Custom  of  Localities,  section  on  Hours  and  Working  Con- 
ditions (p.  89). 

In  still  other  cases  the  awards  themselves  do  not  show  the  reasons 
for  the  decisions. 

Coal  Dock  Operators,  201,  10/24/18;  National  Car  Coupler  Co.,  328, 
11/19/18;  Reading  Iron  Co.,  416,  11/19/18;  Intel-mountain  Power  Co., 
440,  11/28/18;  A.  H.  Petersen  Manufacturing  Co.,  320,  3/14/19;  Pollak 
Steel  Co.,  102  sup.,  3/29/19.  See  also  award  by  joint  chairmen  as  arbi- 
trators in  Sloss-Sheffield  Steel  &  Iron  Co.,  1'2,  7/31/18. 


76  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

In  a  case  involving  a  number  of  plants  in  which  the  employers  and 
employees  had  agreed  upon  the  eight-hour  day,  the  board  decided 
that  the  managers  and  workers  in  each  plant  might  by  mutual  agree- 
ment so  lengthen  the  daily  working  schedule  as  to  permit  of  a  Sat- 
urday half-holiday. 

Metal  Trades  of  Denver,  178,  10/25/18.  See  also  Molders,  Ridgway,  Pa., 
349f  12/20/18;  Wilkesbarre  cases,  63S,  2/20/19. 

OTHER  AWARDS  ON  HOURS. 

The  controversy  as  to  hours  in  the  case  of  the  Machinists  of  Ham- 
ilton, Ohio, 

978,  4/10/19. 

arose  after  the  signing  of  the  armistice.  The  men  were  working 
upon  the  basic  eight-hour  day,  with  the  option  of  leaving  work  at 
the  end  of  eight  hours  but  with  the  schedules  so  arranged  as  to  leave 
a  two-hour  interval  between  the  day  and  night  shifts,  the  company 
encouraging  the  men  to  work  overtime.  The  employees  demanded 
a  45-hour  week  of  actual  time,  with  the  schedule  so  arranged  that 
an  evening  shift  should  begin  work  as  soon  as  the  day  shift  had 
completed  eight  hours.  The  board  ordered  the  establishment  of  the 
schedule  which  the  men  had  demanded;  but  the  award  also  con- 
tained provisions  for  overtime  pay. 
In  Newsprint  Paper, 

35,  6/27/18. 

while  the  board  awarded  the  basic  eight-hour  day  to  all  employees 
working  inside  the  mills  and  to  mechanics  and  repair  men,  it  awarded 
a  basic  nine-hour  day  to  all  employees  who  worked  regularly  outside 
the  mills.  And  in  General  Electric  Co.,  Schenectady, 

127,  7/31/18,  award  by  joint  chairmen  as  arbitrators,  followed  by  board 
in  General  Electric  Co.,  Lynn,  231,  10/24/18.' 

where  the  women  were  working  only  48  J  hours  per  week  and  the 
men  only  50  hours,  the  request  for  a  48-hour  week  was  not  granted 
because  of  the  difficulty  of  adjusting  the  wage  scale  to  such  small 
changes  in  hours.  When  it  was  subsequently  shown  that  the  night 
shift  at  the  Schenectady  plant  was  working  55  hours  per  week, 
those  hours  were  reduced  to  50  per  week. 

127  sup.,  11/22/18. 

In  other  cases  basic  nine-hour  days  have  been  awarded  when  the 
men  had  asked  for  them, 

Holders,  Williainsport,  855,  12/20/18.  They  had  subsequently  attempted  to 
amend  the  joint  submission  into  a  submission  of  a  claim  for  a  basic  eight- 
hour  day,  but  the  employers  refused  to  consent  to  the  amendment  and 
the  board  therefore  refused  to  consider  any  modification  of  the  original 

,  claim.  The  award  provides,  "  By  mutual  agreement  between  the  manage- 
ment and  the  workers  the  daily  working  schedule  may  be  so  lengthened 
as  to  permit  of  a  half-holiday  on  one  day  of  each  week." 

or  when  both  sides  had  agreed  to  such  a  day. 

Nine  hours  six  days  in  the  week:  New  York  Central   Iron  Works  Co., 

Hagerstown,  297,  9/26/18. 
Nine  hours  for  five  days  with  a  five-hour  Saturday  :  St.  Louis  Coffin  Co., 

258,   11/19/18;   Baker  Manufacturing  Co.,  335,   2/19/19.     In  335   night 

men  were  given  ten  hours  five  nights  per  week. 


REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  77 

In  Coal  Dealers,  Lynn,  774,  4/11/19,  where  the  agreement  between  the 
dealers  and  the  teamsters  provided  for  a  workday  of  nine  hours  except 
on  Saturday,  the  umpire  decided  that  teamsters  should  clean  and  harness 
horses  on  company  time  instead  of  being  obliged  to  do  it  on  their  own 
time. 

The  board  has  also  at  times  refrained  from  changing  the  hours 
even  where  the  men  were  working  more  than  eight  hours  per  day ; 

In  Waynosboro  cases,  S/0,  7/11/18,  the  men  worked  ten  hours  on  five  dnys, 
with  a  five-hour  Saturday.  They  asked  for  nine  hours  the  first  five 
days,  with  five  hours  on  Saturday.  The  board  did  not  change  the  number 
of  hours  but  announced  that  "  it  has  under  consideration  the  matter  of 
the  determination  of  the  proper  working  day  and  that  the  decision  here 
made  may  be  subject  to  modification  when  and  as  the  board  comes  to  a 
determination  in  that  regard."  The  award  provides,  however,  that  in 
case  of  depression,  hours,  should  be  reduced  before  men  were  laid  off. 

In  Pollak  Steel  Co.,  102,  8/21/18,  some  of  the  day  men  were  working  ten 
hours,  while  the  night  men  were  working  12  hours  five  nights  a  week. 
The  request  was  for  an  eight-hour  day.  The  Section  was  unable  to  agree 
upon  the  question  of  hours  and  said  that  the  workday  which  was  in  effect 
might  be  modified  when  the  board  reached  a  decision  as  to  the  proper 
length  of  the  working  day.  The  board  subsequently,  102  sup.,  3/29/19, 
established  the  basic  eight-hour  day. 

In  Union  Carbide  Co.,  114,  1/15/19,  the  men  asked  for  an  eight-hour  day. 
About  55  per  cent  of  the  employees  were  on  8-hour  shifts  and  45  per  cent 
were  on  a  60-hour  week,  reduced  to  a  55-hour  week  by  an  attendance 
bonus  which  gave  to  the  punctual  employees  a  Saturday  afternoon  holi- 
day with  pay.  The  board  decided  that  the  hours  of  labor  should  "  con- 
tinue as  at  ^present "  but  that  the  attendance  bonus  might  be  discon- 
tinued. The  employers  had  said  that  the  10-hour  day  was  usual  in  the 
section. 

In  American  Locomotive  Co.,  Richmond,  739,  1/29/19,  the  men  sought  a 
week  of  eight  hours  on  five  days  and  a  five-hour  Saturday.  They  were 
awarded  nine  hours  on  five  days  and  a  five-hour  Saturday.  The  night 
force  was  to  work  eleven  and  a  half  hours  five  nights,  with  no  work  on 
Saturday.  These  hours  were  awarded  because  observed  in  a  nearby  plant 
of  the  same  company. 

In  Baker  Manufacturing  Co.,  335  a,  2/19/19,  where  men  who  were  work- 
ing on  a  nine-hour  day  asked  for  an  eight-hour  day,  the  board  decreed 
that  "  The  hours  shall  remain  as  heretofore." 

In  Detroit  Forging  Co.,  365,  3/6/19,  which  was  not  a  joint  submission 
case,  the  men  were  working  ten  hours  for  five  days  and  five  hours  on 
Saturday.  They  asked  for  a  basic  eight-hour  day.  The  Section  was  un- 
able to  agree  on  the  question  of  hours.  Its  report  wras  approved  by  the 
board. 

In  Westfield  Manufacturing  Co.,  968,  4/11/19,  which  was  jointly  submitted 
after  the  signing  of  the  armistice,  the  men  asked  for  the  basic  eight- 
hour  day.  The  company  produced  testimony  that  the  hours  of  labor  of 
its  competitors  throughout  the  country,  and  of  the  leading  manufacturers 
of  other  articles  in  the  same  town,  were  not  less  than  nine.  The  board 
denied  the  request  for  the  basic  eight-hour  day,  but  recommended  that 
the  company  confer  with  the  committee  of  employees  upon  the  daily 
schedule  of  hours. 

and  it  has  refused  to  award  a  44-hour  week 

ra inters,  Philadelphia,  230,  11/19/18.  In  Northern  Indiana  Gas  &  Electric 
Co.,  45,  11/22/18,  where  the  men  were  working  8£  hours  on  five  days  and 
4J  hours  on  Saturday  and  sought  a  44-hour  week,  the  board  declined  to 
change  the  hours. 

except  where  it  was  in  effect  under  an  agreement. 

This  was  the  case  of  men  engaged  in  outside  work  in  Painters,  Philadelphia, 
230,  11/19/18.  See  also  Patternmakers,  Columbus,  Ohio,  670,  671,  3/26/19, 
where  the  basic  eight-hour  day  with  a  four-hour  Saturday  was  in  effect 
under  an  agreement,  and  Matthews  Engineering  Co.,  542,  3/27/19,  where 
the  basic  eight-hour  day  with  a  five-hour  Saturday  was  in  effect  under 
an  agreement. 


78  REPORT   SECRETARY   tfATKXSAL   WAI?   LABOR   BOARD. 

The  award  in  Corn  Products  Refining  Co., 
130,  11/21/18. 

however,  provides  that  i;  Those  operations  which  are  continuous 
during  the  24  hours  shall  be  conducted  by  three  shifts  of  eight  hours 
each,'"  and  that  u  Where  the  operation  is  necessarily  and  generally 
carried  on  for  seven  days  in  the  week,  it  is  imperative  that  provision 
should  be  made  for  relief  gangs  so  that  the  employees  in  such  opera- 
tions may  be  relieved  from  duty  on  some  day  of  the  week." 
In  Williamsport  Wire  Rope  Co., 

818,  3/5/19. 

where  the  men  were  working  5TJ  hours  per  week  and  the  night  men 
57-J  hours,  the  board  declared  that  the  hours  were  excessive,  that  they 
retarded  rather  than  enhanced  the  efficiency  of  the  employees,  and 
that  they  should  be  reduced. 

In  Meat  Cutters  of  East  St.  Louis,  111., 

820,  3/4/19. 

the  employees  asked  for  nine  hours  on  five  days  and  eleven  hours  on 
Saturday  and  the  day  before  a  holiday,  and  the  board  granted  this 
request,  although  it  did  not  restrict  the  hours  between  which  the  work 
should  be  done  as  closely  as  the  employees  desired. 

At  other  times  the  board  has  left  the  question  of  hours  to  commit- 
tees representing  the  workers  and  the  employers. 

Under  Right  to  Organize  see  section  on  Duties  of  Committees  (p.  61).  The 
board  made  this  recommendation  in  Machine  Companies  of  Columbus, 
Ohio,  502,  4/10/19:  the  committees  and  the  companies  should  arrange 
the  question  of  hours  upon  a  mutually  satisfactory  basis,  but  not  over 
nine  hours  per  day,  arranging  for  a  Saturday  half-holiday  if  practicable ; 
in  cases  where  the  shorter  workday  is  now  in  effect  the  length  of  such 
workday  should  not  be  increased  except  with  the  full  consent  of  the 
employees. 

DESIGNATION  OF  HOURS  OF  WORK. 

Some  of  the  decisions  designate  the  hours  between  which  work 
shall  be  done ; 

Newsprint  Paper,  35,  6/27/18 ;  National  Refining  Co.,  97,  8/28/18 ;  Meat  Cut- 
tors  of  East  St.  Louis,  111.,  8.2.9,  3/4/19;  Machinists  of  Hamilton,  Ohio, 
978,  4/10/19.  See  also  Corn  Products  Refining  Co.,  130,  11/21/18 ;  Port- 
land (Oreg.)  Railway,  Light  and  Power  Co.,  567,  2/19/19.  In  Inter- 
mountain  Power  Co.,  WO,  11/22/18,  the  award  reads,  "  Eight  hours,  be- 
tween the  hours  of  8  a.  in.  and  5  p.  m.,  shall  constitute  a  day's  work. 
The  men  shall  go  to  and  from  their  work  on  their  own  time;  provide  1 
however,  that  such  time  going  to  and  from  work  shall  not  exceed  one- 
half  hour  per  day.  One  hour  for  dinner,  between  the  hours  of  12  m.  and 
1  p.  m.,  shall  be  allowed,  and  time  traveling  to  and  from  dinner  shall  be 
on  the  company's  time." 

and  others  make  provision  for  a  luncheon  period. 

See  section  on  Protecting  Health  and  Safety  of  Workers  (p.  G7)  and  also 
Intel-mountain  Power  Co.,  quoted  in  preceding  note. 

The  board  has  also  declared  that  by  mutual  agreement  between  the 
management  and  the  workers  the  daily  working  schedule  may  be 
so  lengthened  as  to  permit  of  a  half-holiday  on  one  day  of  each  week. 

American  Locomotive  Co.,  Schenectady,  61,  10/9/18;  Mason  Machine  Works. 
Ill,  10/9/18 ;  United  Engineering  &  Foundry  Co.,  137,  10/9/18 ;  St.  Louis 


IIKPOET   SECRETARY   XATTOE'AL,   WAR   LABOR  BOARD.  79 

Car  Co.,  4  a,  10/11/18;  Standard  Wheel  Co.,  IT 6,  10,  11/18;  Saguiaw  Ma- 
chinists, 1 W,  10/25/18 ;  Metal  Trades  of  Denver,  118,  10/25/18 ;  American 
Locomotive  Works,  Paterson,  338,  11/20/18;  Gem  Metal  Products  Corp., 
•591,  12/17/18;  Holders,  Kidgway,  3j9,  12/20/18;  Holders,  Williamsport, 
$55,  12/20/18;  B.  F.  Stnrtevant  Co.,  393,  1/80/19;  Wharton  Steel  Co.,  798, 
3/14/19. 

SUNDAYS  AND  HOLIDAYS. 

Several  awards  declare  that  the  holidays  shall  be  those  which  tiro 
recognized  by  State  law; 

Waynesboro  cases,  .}0,  7/11/18;  Wortliington  Pump  &  Machinery  Corpora- 
tion, Cudahy,  163,  12/20/18;  Madison  Machinists,  195,  2/18/19;  A.  II. 
Peterseii  Manufacturing  Co.,  320,  3/14/19. 

other  awards,  with  or  without  agreement  between  the  parties,  desig- 
nate the  days  which  shall  be  treated  as  holidays ; 

Four  days  named :  the  holidays  may  be  changed  by  mutual  consent  of  em- 
ployer and  employees  in  each  mill;  36  hours  allowed  for  Christmas  holi- 
day only :  Newsprint  Paper,  35,  6/27/18 ;  eight  days  named :  National 
Refining  Co.,  97,  8/28/18 ;  seven  days  and  Sundays :  Sinclair  Kenning  Co., 
395,  11/20/18;  six  days;  Corn  Products  Refining  Co.,  130,  11/21/18; 
Molders,  Williamsport,  355,  12/20/18;  Decker  &  Sons,  235,  2/12/19;  five 
days :  umpire's  award  in  New  York  Harbor  case,  10,  2/25/19.  The  follow- 
ing awards  were  declared  to  be  by  agreement  between  the  parties:  eight 
days;  New  York  Central  Iron  Works  Co.,  Hagerstown,  2.97,  9/26/18;  six 
days :  St.  Louis  Car  Co.,  //  a,  10/11/18. 

while  still  other  awards  leave  the  question  to  committees  representing 
the  management  and  the  workers. 

Bethlehem  Steel  Co.,  ;?.?,  7/31/18;  Bridgeport  Munition  Workers,  132, 
8/28/18. 

In  the  Corn  Products  case 

130,  11/21/18. 

it  is  provided  that  "  There  shall  be  no  work  on  Labor  Day  with  the 
exception  of  the  fire  protection  force  required  by  lav/  and  double  time 
shall  be  paid  that  force." 

In  the  case  of  the  National  Refining  Co. 

97,  8/28/18. 

the  board  decided  that  "  Men  engaged  for  regular  shift  work  which 
the  necessities  of  the  industry  require  to  be  done  seven  days  per  week 
shall  receive  overtime  pay  only  for  hours  worked  in  excess  of  eight 
hours,  that  is.  for  these  men,  Sundays  and  holidays  shall  be  consid- 
ered as  regular  working  days  so  far  as  overtime  is  concerned."  But 
it  will  be  remembered  that  in  the  Corn  Products  award, 

130,  11/21/18;  on  this  portion  of  the  award  the  parties  were  in  accord, 
which  was  handed  down  three  months  later,  the  board  declared  that 
:i  Where  the  operation  is  necessarily  and  generally  carried  on  for 
seven  days  in  the  week,  it  is  imperative  that  provision  should  be 
made  for  relief  gangs  so  that  the  employees  in  such  operations  may 
be  relieved  from  duty  on  some  day  of  the  week."  That  award  pro- 
vided that  "  in  continuous  operations  double  time  shall^  not  apply 
to  Sunday  work  where  one  day  off  is  given  in  seven."  To  the  same 
effect  was  the  award  in  Reading  Iron  Co., 

!,1G,  11/19/18. 


80  EEPORT   SECRETARY   NATIONAL   WAR  LABOR   BOARD. 

followed  by  recommendations  in  a  number  of  other  cases, 

Bethlehem  Steel  Co.,  Lebanon,  419,  1/15/19;  Lebanon  Valley  Iron  Co., 
420,  1/15/19 ;  Burden  Iron  &  Steel  Co.,  421,  1/15/19 ;  Cohoes  Rolling  Mill 
Co.,  422,  1/15/19;  Milton  Manufacturing  Co.,  422  a,  1/15/19;  Pennsyl- 
vania Iron  &  Steel  Co..  422  b,  1/15/19.  See  also  recommendation  in 
Tennessee  Copper  Co.,  1028,  4/10/19. 

that  "  the  double  time  for  Sunday  work  will  not  apply  to  blast  fur- 
naces nor  in  continuous  operations  where  the  employees  have  one 
day  off  in  seven."  And  in  Decker  &  Sons, 

235,  2/12/19. 

while  the  board  awarded  double  time  for  Sunday  work,  it  declared 
that  "  Where  the  operation  is  necessarily  and  generally  carried  on 
for  seven  days  of  the  week,  provision  may  be  made  by  relief  gangs 
or  otherwise,  so  that  the  employees  in  such  operations  may  be  re- 
lieved from  dut}^  on  some  day  of  the  week,  and  in  case  of  such  re- 
lief on  any  other  day  of  the  week,  double  time  shall  not  be  allowed 
for  work  on  Sunday  of  such  week." 

See  also  umpire's  award  in  New  York  Harbor  case,  10,  2/25/19;  recom- 
mendations in  Carpenter  Steel  Co.,  913,  2/12/19;  and  Athenia  Steel  & 
Wire  Co.,  721,  3/5 '19;  and  agreement  in  Portland  Railway,  Light  & 
Power  Co.,  567,  2/19/19. 

On  the  other  hand,  in  Wharton  Steel  Co. 
708,  3/14/19, 

after  declaring  that  at  the  furnaces  8  hours  in  any  one  24-hour 
period,  including  Sundays,  should  constitute  a  day's  work,  the 
award  simply  recommended  that  when  labor  was  available  in  suffi- 
cient quantities  arrangements  should  be  made  so  that  each  man  might 
have  one  day  in  seven  for  rest. 

PAYMENT  FOR  OVERTIME. 

The  board  does  not  follow  an  invariable  rule  in  fixing  the  pay- 
ment for  overtime  work,  although  the  decisions  are  fairly  uniform. 
While  it  has  often  decided  that  time  and  a  half  should  be  paid  for 
all  overtime, 

Newsprint  Paper,  35.  6/27/18;  Waynesboro  cases,  .}0,  7/11/18;  General 
Electric  Co.,  Pittslield,  19.  7/31/18;  Bethlehem  Steel  Co.,  22,  7/31/18; 
Bridgeport  Munition  Workers,  132,  8/28/18;  Wheeling  Holders,  37b, 
9/16/18;  American  Locomotive  Co.,  Schenectady,  61.  10/9/18;  Mason 
Machine  WTorks,  111,  10/9/18;  United  Engineering  £  Foundry  Co.,  157, 
10/9/18;  St.  Louis  Car  Co.,  J,a,  10/11/18;  Standard  Wheel  Co.,  176, 
10/11/18;  Coal  Dock  Operators.  201,  10/24/18;  Saginaw  Machinists, 
147,  10/25/18;  Wheeling  Machinists,  37a,  10/30/18;  St.  Louis  Coffin  Co., 
258,  11/19/18;  National  Car  Coupler  Co.,  328,  11/19/18;  Reading  Iron 
Co.,  Jt16,  11/19/18 ;  General  Electric  Co.,  Schenectady,  127  sup.,  11/22/18 ; 
Intel-mountain  Power  Co.,  440,  11/22/18;  Iron  Holders,  Elizabeth,  160, 
12/17/18;  Gem  Metal  Products  Corporation,  591.  12/17/18;  Worthington 
Pump  &  Machinery  Corporation,  Cudahy,  163, 12/20/18 ;  Holders,  Ridgway, 
.l'/.9,  12/20/18;  Holders,  Williamsport,  355,  12/20/18;  Holders,  Warren, 
Ohio,  457,  1/8/19:  Midvale  Steel  &  Ordnance  Co.,  129,  2/11/19;  Madison 
Machinists,  195,  2/18/10:  Baker  Manufacturing  Co.,  335,  335a,  2/19/19; 
Wilkesbarre,  Pa.,  cases.  638,  2/20/19;  umpire's  award  in  New  York  Har- 
bor case,  10,  2/25/19;  umpire's  award  in  Chnmbersburg,  Pa.,  cases,  371, 
3/11/19-  A  H  IVtt-rsen  Manufacturing  Co..  320.  3/14/19:  Chicago  Brush 
Manufacturing  Co.,  754,  3/26/19;  Pollak  Steel  Co.,  102  sup.,  3/29/19; 
Machinists,  Hamilton,  Ohio,  <J78,  4/10/19;  Westdeld  Manufacturing  Co., 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  81 

968,  4/11/19.  See  also  Wharton  Steel  Co.,  "OS,  3/14/10 :  Matthews  Engi- 
neering Co.,  512,  3/27/19 ;  Sinclair  llefming  Co.,  395,  11/20/18 ;  Emerson- 
Brantingham  Co.,  Batavia,  111.,  106,  1/29/19;  Crown  Cork  &  Seal  Co., 
830,  2/11/19;  American  and  British  Manufacturing  Co.,  59 '.),  2/12/19; 
Carpenter  Steel  Co.,  913,  2/12/19;  Detroit  Forging  Co.,  365,  3/6/19; 
Maryland  Pressed  Steel  Car  Co.,  460,  4/9/19;  Machine  companies  of 
Columbus,  Ohio,  502,  4/10/19;  Rome,  N.  Y.,  cases,  941,  4/10/19;  Ten- 
nessee Copper  Co.,  1028,  4/10/19;  Western  Chemical  Co.,  1042,  4/10/19; 
Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  J.  A.  McNulty,  261, 
4/11/19;  Steacy-Sehmidt  Manufacturing  Co.,  454,  4/11/19;  Minnesota 
Flour  Mills,  482,  4/11/19 ;  St.  Paul  Foundry  Co.,  570,  4/11/19 ;  American 
Hoist  &  Derrick  Co.,  511,  4/11/19;  Lancaster,  Pa.,  cases,  873  to  877, 
4/11/19;  Northern  Cooperage  Co.,  981,  4/29/19;  and  recommendations  in 
Nos.  419,  420,  421,  422,  422a,  422b,  rolling-mill  cases  decided  1/15/19. 
In  several  cases  the  board  has  made  this  recommendation  as  to  retro- 
active pay:  "  If  the  companies  received  payment  at  the  rate  of  time  and 
one-half  for  overtime  worked  beyond  eight  hours  per  day  for  work  done 
]>y  them  either  directly  or  indirectly  for  the  Government  or  for  private 
parties,  they  should  in  fairness  to  their  employees,  compensate  said  em- 
ployees on  the  same  basis  for  the  period  during  which  the  companies 
received  such  overtime  payment  for  their  work :"  Columbus,  Ohio, 
cases,  502,  4/10/19;  Rome,  N.  Y.,  cases,  941,  4/10/19;  Steacy-Sehmidt 
Manufacturing  Co.,  454,  4/11/19;  Lancaster,  Pa.,  cases,  873,  4/11/19. 

with  double  time  for  work  on  Sundays  and  holidays, 

Waynesboro  cases,  40,  7/11/18;  Sloss-Sheffield  Steel  &  Iron  Co.,  12,  7/31/18; 
St.  Joseph  Lead  Co.,  16,  7/31/18;  Bethlehem  Steel  Co.,  22,  7/31/18; 
Bridgeport  Munition  Workers,  132,  8/28/18;  Wheeling  Molders,  '.31b, 
9/16/18 ;  American  Locomotive  Co.,  Schenectady,  61,  10/9/18 ;  Mason  Ma- 
chine Works,  111,  10/9/18;  United  Engineering  &  Foundry  Co.,  157, 
10/9/18;  St.  Louis  Car  Co.,  4  a,  10/11/18;  Standard  Wheel  Co.,  176, 
10/11/18;  Coal  Dock  Operators,  201,  10/24/18;  Saginaw  Machinists,  147, 
10/25/18;  Wheeling  Machinists,  31  a,  10/30/18;  St.  Louis  Coffin  Co.,  258, 
11/19/18;  National  Car  Coupler  Co.,  328,  11/19/18;  Reading  Iron  Co., 
416,  11/19/18;  Intel-mountain  Power  Co.,  440,  11/12/18;  Iron  Molders, 
Elizabeth,  160,  12/17/18;  Gem  Metal  Products  Corporation,  591, 
12/17/18;  Worthington  Pump  &  Machinery  Corporation,  Cudahy,  163, 
12/20/18;  Molders,  Ridgway,  349,  12/20/18;  Molders,  Williamsport,  355, 
12/20/18;  Molders,  Warren,  Ohio,  437,  1/8/19;  Midvale  Steel  &  Ordnance 
Co.,  129,  2/11/19 ;  Decker  &  Sons,  235,  2/12/19 ;  Madison  Machinists,  195, 
2/18/19;  Baker  Manufacturing  Co., '835,  2/1 9/19  ;Wilkesbarre,  Pa.,  cases, 
638,  2/20/19;  A.  H.  Petersen  Manufacturing  Co.,  320,  3/14/19;  Pollak 
Steel  Co.,  102  sup.,  3/29/19;  Machinists,  Hamilton,  Ohio,  978,  4/10/19; 
Westfield  Manufacturing  Co.,  .968,  4/11/19.  See  also  umpire's  award  in 
New  York  Harbor  case,  10,  2/25/19;  Sinclair  Refining  Co.,  395,  11/20/18; 
Emerson-Brantingham  Co.,  Batavia,  111.,  106,  1/29/19;  Crown  Cork  & 
Seal  Co.,  830,  2/11/19;  American  £  British  Manufacturing  Co.,  594, 
2/12/19;  Carpenter  Steel  Co.,  913,  2/12/19;  Baker  Manufacturing  Co., 
835  a,  2/19/19;  Avis  Manufacturing  Co.,  614,  3/5/19;  Detroit  Forging  Co., 
365,  3/6/19 ;  Maryland  Pressed  Steel  Car  Co.,  460,  4/9/19 ;  Machine  com- 
panies of  Columbus,  Ohio,  502,  4/10/19;  Rome,  N.  Y.,  cases,  941,  4/10/19; 
Tennessee  Copper  Co.,  1028,  4/10/19:  Western  Chemical  Co.,  1042, 
4/10/19 ;  Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19 ;  J.  A.  McNulty, 
261,  4/11/19;  Steacy-Sehmidt  Manufacturing  Co.,  .'/J//,  4/11/19;  Minne- 
sota Flour  Mills,  482,  4/11/19;  St.  Paul  Foundry  Co.,  570,  4/11/19; 
American  Hoist  &  Derrick  Co.,  511,  4/11/19;  Lancaster,  Pa.,  cases,  873 
to  877,  4/11/19 ;  Northern  Cooperage  Co.,  981t  4/29/19 ;  and  recommenda- 
tions in  Nos.  419,  4210,  421,  422,  422a,  422b,  rolling-mill  cases,  decided 
1/15/19.  Compare  Athenia  Steel  &  Wire  Co.,  T21,  3/5/19. 

it  has  also  awarded  double  time  for  work  on  Saturday  afternoons, 

St.  Louis  Coffin  Co.,  258,  11/19/18.  See  also  recommendation  as  to  car- 
penters in  Building  Trades  of  San  Antonio,  Tex.,  216,  1/30/19. 

and  for  some  work  late  at  night  by  those  who  are  not  night-shift  men. 

12133S0— 20 6 


82  DEPORT   SECRETARY   NATION AL  WAll   LABOR   BOARD. 

In  National  Refining-  Co.,  07,  8/28/13,  it  provided  that  "For  each  call  to 
fight  fire  at  night  the  workers  shall  be  paid  for  two  and  a  half  hours  at 
least,  at  double  time." 

In  American  and  British  Manufacturing  Co.,  594,  2/12/19,  which  was  not 
a  joint  submission  case,  the  parties  agreed  at  the  hearing  that  double 
lime  should  be  paid  for  work  after  midnight  by  men  who  had  prior 
thereto  worked  eight  hours,  and  the  recommendation  of  the  board  in- 
cluded this  provision. 

In  Montana  Power  Co.,  5 S3,  2/13/19,  the  board  decided  that  "  Overtime 
shall  be  paid  to  all  employees  under  this  agreement,  except  such  em- 
ployees for  whom  overtime  conditions  have  already  been  specified,  as 
follows:  All  overtime  in  excess  of  the  regular  working  hours  shall  be 
paid  for  at  the  rate  of  one  and  one-half  time  straight  time,  except  time 
after  10  p.  m.  until  returned  to  shop,  or  camp,  or  temporary  quarters,  at 
the  company's  option,  after  release  from  work,  which  time  shall  be  paid 
i'or  at  the  rate  of  double  time.  Excepting  also  as  to  both  of  the  above 
provisions,  cases  of  swing  shift  or  regular  shift,  established  as  regular 
working  hours.  In  which  case  the  rates  for  regular  working  hours  shall 
apply,  and  the  same  rules  for  overtime  shall  apply  in  computing 
overtime.  It  is  further  provided  that  on  night  calls,  employees  called 
prior  to  10  p.  in.  shall  receive  time  and  one-half  until  10  p.  m.  and 
double  time  after  10  p.;  m.  until  released  from  work,  as  provided 
above.  Employees  called  between  the  hours  of  10  p.  m.  and  3  a.  m.  shall 
receive  double  time  until  released  from  work  as  provided  above.  Em- 
ployees called  between  the  hours  of  3  a.  m.  and  8  a.  m.  shall  receive 
double  time  until  8  a.  m.,  at  which  time  it  shall  be  construed  that  a 
regular  shift  is  begun  at  straight  time.  Employees  called  between  10 
p.  in.  and  G  a.  m.  shall  receive  not  less  than  one-half  day's  regular  pay." 

In  Spokane  and  Inland  Empire  Railroad  Co.,  503,  3/27/39,  the  board  de- 
cided relative  to  the  pay  of  men  subject  to  call  from  5  p.  m.  to  8  a.  in., 
"The  willingness  of  the  company  to  pay  these  men  eight  hours  straight 
time,  Including  Sundays  and  for  additional  holidays,  and  in  addition 
time  and  a  half  for  all  time  worked  between  5  p.  in.  and  12  midnight, 
and  double  time  for  all  time  worked  between  midnight  and  8  a.  m.,  we 
think  is  a  reasonable  agreement,  and  we  make  no  recommendation  in 
regard  to  any  alteration  thereof." 

In  Sloss-Sheffielcl  Steel  &  Iron  Co. 
12,  7/31/18.     See  also  Decker  &  Sons,  23o,  2/12/19. 

the  joint  chairmen  as  arbitrators  awarded  time  and  a  quarter  for 
work  between  eight  and  ten  hours  and  time  and  a  half  for  work  over 
ten  hours;  but  in  another  case  which  was  decided  by  them  on  the 
same  day 

St.  Joseph  Lead  Co.,  16,  7/31/18. 

they  awarded  time  and  a  half  for  work  between  eight  and  ten  hours 
and  double  time  for  work  after  ten  hours.  A  later  case 

Corn  Products  Refining  Co.,  ISO,  11/21/18. 

establishes  time  and  a  half  for  overtime  after  8  hours  and  double 
time  after  12  hours.  The  provision  in  the  Ilagerstown  case 

New  York  Central  Iron  Works  Co.,  297,  9/26/1S. 

that  time  and  a  half  should  be  paid  for  work  on  holidays  was  due  to 
an  agreement  between  the  parties. 

A  number  of  decisions  on  payment  for  Sunday  work  where  the 
nature  of  the  industry  places  the  work  on  an  exceptional  basis  ara 
stated  in  the  preceding  section.  A  somewhat  similar  problem  is  dealt 
with  in  the  Newsprint  Paper  award, 

35,  6/27/18. 

which  decides  that  "Whenever  tour  workers  are  required  to  work 
overtime  for  more  than  two  weeks  to  fill  a  vacancv.  all  overtime  over 


REPORT   SECRETARY   NATIONAL  AVAR   LABOR  BOARD.  83 

two  weeks  shall  be  paid  for  at  double-time  rates.  If,  however,  the 
employer  is  unable  to  fill  such  vacancy,  he  may  apply  to  the  union  to 
furnish  a  suitable  man  to  fill  same,  and  if  the  union  is  unable  to  fur- 
nish the  required  man  the  employer  shall  be  required  to  pay  only  at 
the  rate  of  time  and  a  half  until  the  vacancy  is  filled." 
In  Wharton  Steel  Co., 

70S,  3/14/19. 

while  the  basic  eight-hour  day  was  the  general  rule,  train  crews  were 
given  nine-hour  days  without  a  higher  rate  for  overtime. 

"  The  working  hours  for  train  crews  shall  he  0  hours  per  day.  Should 
their  work  he  completed  at  any  time  between  the  last  half-hour  point 
and  the  full  0  hours  working  time,  the  crew  shall  have  the  privilege 
of  going  home.  Should  the  crew  be  required  to  remain  SO  minutes  or  less 
beyond  the  end  of  their  ninth  working  hour  to  complete  the  work,  no 
extra  time  shall  be  granted,  but  in  case  more  than  30  minutes  in  excess 
of  9  hours  are  required  to  do  the  work,  overtime  shall  be  grnntert  at  the 
Hat  hour  basis.  Tho  superintendent,  or  his  representative,  shall  be  the 
.judge  as  to  when  the  work  for  the  day  is  completed.  Where  it  is  neces- 
sary to  operate  the  railroad  for  24  hours  daily,  the  regular  8-hour  shifts 
shall  be  in  operation." 

For  other  workers,  except  on  change  of  shift,  overtime  was  to  be 
paid  for  at  the  rate  of  time  and  a  half.  This  rate  was  to  be  paid  for 
work  on  Sundays  and  holidays,  except  work  which  was  necessarily 
performed  on  those  days. 

"All  time  worked  in  excess  of  the  regular  shifts  hereinabove  provided,  in 
any  consecutive  24  hours,  except  changing  of  shifts  (and  work  of  train 
crews),  shall  be  regarded  as  overtime,  to  be  paid  for  at  the  rate  of 
time  and  one-half,  work  done  on  Sundays  and  holidays  included,  except 
that  work  regarded  as  necessary,  such  as  pumping,  firing,  and  power- 
house engineering." 

"  The  furnaces  are  necessarily  operated  continuously,  24  hours  per  day. 
when  operated  at  all.  At  the  furnaces  8  hours  in  any  one  24-hour  period, 
including  Sundays,  shall  constitute  a  day's  work,  but  it  is  recommended 
that  when  labor  is  available  in  sufficient  quantities,  arrangements  should 
be  made  so  that  each  man  may  have  one  day  in  seven  for  rest." 

The  board  has  awarded  the  payment  of  overtime  rates  for  travel- 
ing during  overtime  hours; 

National  Refining  Co.,  97,  8/28/18.  See  also  Sinclair  Refining  Co.,  5.0,7, 
11/20/18.  Compare  Intel-mountain  Power  Co.,  440, 11/22/18. 

and  has  decided  that  in  calculating  the  overtime  rate  for  piecework 
the  piece  rate,  and  not  the  clay  rate,  is  to  be  used  as  a  basis,  if  this 
course  is  feasible, 

General  Electric  Co.,  Scheuectady,  127,  7/31/18.  This  award  adds,  "  Pro- 
Tided,  That  this  change  from  former  practice  shall  be  found  by  the 
supervising  examiner  to  be  impracticable  or  subject  to  abuse,  he  may 
direct  a  return  to  former  practice  and  fix  adequate  proportionate  day 
rates  upon  which  all  overtime  shall  be  calculated."  On  overtime  for 
Piecework  see  also  Bethlehem  Steel  Co.,  22.  7/31/18. 

PROVISIONS  AGAINST  EXCESSIVE  OVERTIME. 

Those  awards  which  establish  48-hour  weeks  provide,  however,  that 
"  Excessive  overtime  shall  not  be  exacted  or  permitted;  and,  in  order 
tli at  the  same  may  be  kept  within  reasonable  limits,  it  is  hereby  de- 
creed that  where,  in  any  one  day,  more  than  two  hours  overtime  in 


84  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

excess  of  eight  hours  is  required,  then,  for  that  day,  overtime  shall  be 
paid  without  regard  to  whether  or  not  the  worker  shall,  during  that 
week,  have  worked  the  weekly  schedule  provided  for." 

Mason  Machine  Works,  111,  30/9/18;  United  Engineering  &  Foundry  Co., 
157,  10/9/18;  St.  Louis  Car  Co.,  4  a,  10/11/18;  Standard  Wheel  Co.,  176, 
10/11/18;  Gem  Metal  Products  Corp.,  591,  12/17/18;  Saginaw  Ma- 
chinists, 147,  10/25/18:  B.  F.  Sturtevant  Co.,  393,  1/30/19;  Walworth 
Manufacturing.  Co.,  274,  3/6/19 ;  American  Locomotive  Co.,  Schenectady, 
61,  10/9/18,  in  the  last  of  which  this  paragraph  was  subsequently  stricken 
out  by  agreement  of  the  parties. 

GUARANTEE  OF  MINIMUM  NUMBER  OF  HOURS. 

The  awards  which  establish  48-hour  weeks  also  declare  that  "  Tho 
employer  shall  guarantee  to  each  worker  who  shall  be  employed  on 
the  first  day  of  any  week  the  opportunity  to  work  at  least  4A  hours  in 
such  week,  or  36  hours  where  a  holiday  intervenes,  exclusive  of  over- 
time or  extra  time,  and  in  default  of  providing  such  employment 
shall  pay  the  worker  full  wages  for  such  hours,  exclusive  of  overtime 
and  extra  time." 

Mason  Machine  Works,  111,  10/9/18;  United  Engineering  &  Foundry  Co., 
151,  10/9/18 ;  St.  Louis  Car  Co.,  4  a,  10/11/18 ;  Standard  Wheel  Co.,  176, 
10/11/18;  Saginaw  Machinists,  147,  10/25/18;  American  Locomotive  Co., 
Schenectady,  61,  10/9/18;  in  the  last  of  which  this  paragraph  was  sub- 
sequently stricken  out  by  agreement  of  the  parties. 

An  award  which  does  not  deal  with  the  48-hour  week  declares  that 
"  When  workers  are  called  out  after  midnight,  each  worker  so  called 
out  shall  receive  at  least  four  hours'  pay  for  each  call," 

Northern  Indiana  Gas  &  Electric  Co.,  45,  11/22/18. 

while  another  award  provides  that  "  For  each  call  to  fight  fire  at  night 
the  workers  shall  be  paid  for  two  and  a  half  hours  at  least,  at  double 
time.  If  sent  away  from  his  home  station  to  work,  an  employee  shall 
receive  not  less  than  eight  hours  for  each  day  away  and  shall  be 
allowed  time  for  traveling  to  and  from  the  job.  and  overtime  rates 
for  traveling  during  overtime  hours." 

National  Refining  Co.,  91,  8/28/18.  Same  provision  except  as  to  fighting 
fires  in  Sinclair  Refining  Co.,  395,  11/20/18. 

The  board  and  its  umpires  have  decided  in  several  cases  that  in 
time  of  depression  hours  should  be  reduced  before  men  were  laid  off. 

Waynesboro,  Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Chambersburg,  Pa., 
cases,  371,  3/11/19;  umpire's  award  in  Wharton  Steel  Co.,  798,  3/14/19; 
recommendations  in  Steacy-Schmidt  Manufacturing  Co.,  4$4,  4/11/19; 
and  in  Lancaster,  Pa.,  cases,  873,  4/11/19. 

QUESTIONS  REFERRED  TO  COMMITTEES. 

As  we  have  already  seen,  the  board  has  sometimes  created  a  perma- 
nent committee  of  two  members  representing  the  employer  and  two 
members  representing  the  employees  to  deal  with  problems  concern- 
ing overtime  work;  it  has  sometimes  intrusted  to  a  committee  the 
problems  concerning  holidays  and  weekly  work  periods;  and  it  has 
sometimes  left  the  entire  subject  of  hours  to  collective  bargaining 
between  the  parties. 
See  pages  61  to  63. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  85 

II.  STREET  RAILWAY  CASES. 

PACTORS  INVOLVED   ARE  DIFFERENT   FROM  THOSE  INVOLVED 
IN  INDUSTRIAL  CASES. 

Many  of  the  cases  before  the  board  have  been  controversies  between 
street  railway  companies  and  their  employees;  but  the  question  of 
hours  has  been  of  importance  in  only  a  few  of  these  cases.  The  main 
question  has  been  concerning  wages,  the  companies  usually  contend- 
ing that  they  were  unable  at  the  existing  rates  of  fare  to  grant  the 
increases  in  pay  which  were  sought,  and  that,  unlike  industrial  enter- 
prises, they  were  forbidden  by  law  to  make  greater  charges  for  their 
services  in  order  to  pay  higher  \vages.  We  shall  consider  later  the 
manner  in  which  the  board  has  met  "these  contentions.  It  is  sufficient 
here  to  point  out  this  reason  why  many  cases  which  did  not  involve 
hours  were  brought  before  the  board. 

Moreover,  while  in  industrial  cases  there  were  usually  no  existing 
contracts  between  the  employers  and  the  employees,  there  were  such 
contracts  in  nearly  all  of  the  street  railway  cases,  and  while  even  there 
the  board  could  pass  upon  the  future  relations  between  the  parties, 
the  board  has  not  usually  felt  that  it  was  necessary  for  it  to  make 
changes  in  the  contracts  which  affected  hours  or  working  conditions. 

In  the  third  place,  in  industrial  plants  the  amount  of  work  which 
is  to  be  done  is  fairly  uniform  throughout  the  day,  so  that  the  es- 
sential question  concerning  hours  is  simply  as  to  the  total  amount  of 
\vorking  time.  But  a  street-car  company  can  not  economically  fur- 
nish such  continuous  work  to  all  of  its  motormen  and  conductors,  so 
that  when  street-car  men  complain  of  their  hours  the  complaint  is 
usually  not  concerning  the  number  of  working  hours  but  concerning 
the  amount  of  elapsed  time  between  the  beginning  and  the  end  of  the 
day's  work. 

These  three  explanations  show  why,  in  spite  of  the  large  number 
of  street  railway  cases  which  have  come  before  the  board,  relatively 
few  of  the  awards  have  brought  about  any  changes  in  the  hours  of 
motormen  and  conductors,  and  why  where  changes  have  been  made 
they  have  usually  involved  elapsed  time  rather  than  actual  working 
time. 

STREET  RAILWAY  HOURS. 

In  street  railway  cases  the  board  has  not  fixed  a  maximum  number 
of  hours  for  a  working  day  nor  has  it  established  a  basic  day ; 

See,  for  example,  Cleveland,  Southwestern  &  Columbus  Railway  Co.,  57, 
7/31/18;  Public  Service  Railway  Co.,  69,  7/31/18;  Cleveland,  Paines- 
ville  &  Eastern  Railroad  Co.,  193,  7/31/18;  Portland  Railway,  Light  & 
Power  Co.,  210,  11/21/18;  Spokane  &  Inland  Empire  Railroad  Co.,  503, 
3/27/19;  Pacific  Electric  Railway  Co.,  214,  4/9/19;  San  Diego  Electric 
Railway  Co.,  452,  4/10/19;  San  Francisco-Oakland  Terminal  Railways, 
610,  4/10/19 ;  Los  Angeles  Railway  Corporation,  753,  4/10/19 ;  Pacific  Gas 
&  Electric  Co.,  1125,  4/11/19;  and  also  Kansas  City  Railways  Co.,  265, 
10/24/18. 

but  it  has  sought  to  remedy  the  more  extreme  cases  of  elapsed  time 
or  undue  spread  of  working  hours  by  providing  for  the  payment  of 
bonuses  for  runs  exceeding  a  maximum  number  of  hours  of  such 
elapsed  time. 

Cleveland  Railway  Co.,  31,  7/31/18;  Detroit  United  Railway  Co.,  82, 
7/31/18;  Public  Service  Railway  Co.,  69,  7/31/18;  Omaha  and  Council 


86  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

Bluffs  Street  Railway  Co..  /;>.'/.  7/31/18:  Kansas  City  Railways  Co.,  20.5, 
10/24/18;  Denver  Tramway  Co.,  173,  11/20/18;  Washington  Railway  & 
Electric  Co.,  10. W.  :V2.Vl9.  See,  however,  P.oston  Elevated  Railway  Co., 
181,  10/2/18. 

The  further  provision  that  "  Whenever  there  is  a  break  or  layoff  time  in 
any  of  the  scheduled  runs  of  45  minutes  or  less,  such  period  shall  be 
paid  for  at  the  rates  prescribed  in  this  award  and, shall  be  considered  to 
be  a  part  of  the  platform  tim<>"  is  also  contained  in  31,  32,  69,  .75.).  2/7.7. 
See  also  610, 10.}<J. 

As  a  rule  it  has  not  changed  previously  existing  conditions  except  as 
to  wages. 

See,  for  example,  Columbus  Railway,  Power  &  Light  Co.,  1$6,  7/31/18. 

When  it  has  established  payment  for  overtime,  the  overtime  has  not 
been  time  over  a  basic  da}'  but  time  over  scheduled  runs. 

Detroit  United  Railway  Co.,  32,  7/31/18,  sup.,  12/G/1S ;  Public  Service 
Railway  Co.,  69,  7/31/18 ;  Cleveland,  Painesville  &  Eastern  Railroad  Co., 
193,  7/31/18;  Kansas  City  Railways  Co.,  265,  10/24/18;  Portland  Rail- 
way, Light  &  Power  Co.,  210,  11/21/18,  sup.,  1/15/19;  San  Francisco- 
Oakland  Terminal  Railways,  610,  4/10/19;  Pacific  Gas  &  Electric  Co., 
1125,  4/11/19. 

Nos.  31,  32,  69,  15.'t,  193,  210,  265,  610,  1125  contain  this  provision:  "No 
raotorman  or  conductor,  however,  who  regularly  is  assigned  a  scheduio 
run  paying  more  than  eight  hours  platform  time,  shall  be  required  or 
allowed  to  run  any  such  extra  trip  or  do  extra  work  or  tripper  service 
unless  there  are  no  available  extra  men  to  do  such  work."  See  also  10.'f9, 

In  a  number  of  cases  the  request  for  overtime  for  work  beyond  scheduled 
runs  (Boston  &  Worcester  Street  Railway  Co.,  851,  1/15/19)  or  beyond  a 
basic  day  (Ohio  Electric  Railway  Co.,  Lima  City  Lines,  296,  1/15/19; 
Ohio  Electric  Railway  Co.,  Zanesville  Lines,  627  a,  Springfield  Intel-urban 
Lines,  621  &,  Newark  Lines,  627  c,  1/15/19;  see  also  first  note  in  this 
section)  was  not  granted.  The  board  has  sometimes  met  such  requests 
by  saying  that  "  Existing  working  conditions  ....  shall  be  continued." 

Minimum  guarantees  for  extra  motormen  and  conductors  have 
been  increased  in  a  few  cases ; 

Public  Service  Railway  Co.,  69,  7/31/18.  Guaranteed  wages  of  women: 
Kansas  City  Railways  Co.,  265,  10/24/18.  On  minimum  guarantees  we 
also  agreement  in  Wilmington  &  Philadelphia  Traction  Co.,  475,  1/15/19. 

but  in  other  cases  in  which  the  men  had  asked  for  an  increase  in  the. 
existing  guarantee  the  board  has  not  made  the  increase. 

Union  Traction  Co.,  96,  7/31/18;  Kansas  City  Railways  Co.,  265,  10/24/18; 
Ohio  Electric  Railway  Co.,  Lima  City  Lines,  296,  1/15/19;  Ohio  Electric 
Railway  Co.,  Lima  Interurban  Lines,  627,  Zanesville  Lines,  627  a,  Spring- 
field Interurban  Lines,  627  7;,  Newark  Lines,  627  c,  1/15/19 ;  Pacific  Gas 
&  Electric  Co.,  1125,  4/10/19.  See  also  Pacific  Electric  Railway  Co.,  21.'i, 
4/10/19.  The  board  has  sometimes  met  this  request  by  saying  that 
"  Existing  working  conditions  *  *  *  shall  be  continued." 

In  two  cases  it  has  provided  that  runs  on  Sundays  and  holidays 
should  be  straight  runs  with  no  more  than  eight  hours  time ; 

Cleveland  Railway  Co.,  31,  7/31/18;  Detroit  TTnited  Railway  Co.,  #?, 
7/31/18.  See,  however,  32  sup.,  12/6/18,  which  provides  that  "  Runs  on 
Sundays  and  holidays  shall  as  far  as  possible  all  be  straight  runs  of  no 
more  than  eight  hours  time,  but  they  may  exceed  eight  hours  time  if  abso- 
lutely necessary,  provided  the  company  pays  time  and  a  half  for  all 
time  in  excess  of  eight  hours." 

while  in  a  few  cases  it  has  provided  that  night  runs  should  all  be 
straight  runs  with  no  more  than  eight  hours  time  and  with  ten  hours 
pay. 

Cleveland  Railway  Co.,  31,  7/31/18;  Detroit  United  Railway  Co.,  32, 
7/31/18:  Kansas  City  Railways  Co.,  265,  10/24/18. 


REPORT   SECRETARY   NATIONAL   WAI!   LABOR   BOARD.  8? 

It  has,  however,  refused  to  grant  a  request  of  the  men  for  double 
time  for  working  on  rest  days. 

San  Francisco-Oakland  Terminal  Railways,  610,  4/10/19. 

^  MAXIMUM  PRODUCTION. 

The  maximum  production  of  all  war  Industries  should  be  main- 
tained and  methods  of  work  and  operation  on  the  part  of  employers 
or  workers  which,  operate  to  delay  or  limit  production,  or  which  hare 
a  tendency  to  artificially  increase  the  cost  thereof,  should  he  dis- 
couraged. 

Upon  several  occasions  the  board  has  urged  both  parties  to  the 
controversy  to  do  everything  in  their  power  to  maintain  the  maxi- 
mum production  of  war  necessities  and  to  cooperate  in  every  way 
to  attain  this  end. 

Pollak  Steel  Co.,  102,  8/21/18 ;  Willys-Overland  Co.,  95,  10/11/18.  See  also 
award  by  agreement  of  parties  in  New  York  Central  Iron  Works  Co., 
Hagerstown,  297,  9/26/18. 

In  Detroit  United  Railway  Co. 

82,  7/31/18.  See  also  Detroit  United  Railway  Co.,  .'///-'/,  1/18/19,  and  section 
011  Employment  of  Women  as  Conductors  (p.  70). 

the  parties  agreed  that,  in  spite  of  a  closed-shop  contract  between  the 
company  and  the  union,  there  should  be  no  discrimination  against 
women  or  colored  men  if  the  necessity  for  their  employment  should 
arise,  and  this  agreement  was  incorporated  in  the  award. 
It  appeared  beyond  doubt  in  Bethlehem  Steel  Co. 

,?.?,  7/31/18. 

that  "  the  dissatisfaction  among  the  employees  of  the  company  has 
had  and  is  having  a  seriously  detrimental  effect  upon  the  production 
of  war  materials  absolutely  necessary  to  the  success  of  the  American 
Expeditionary  Forces.  This  was  clearly  developed  in  the  testimony 
of  the  officials  of  the  Ordnance  Department.  The  main  cause  of  the 
dissatisfaction  is  a  bonus  system  so  complicated  and  difficult  to  under- 
stand that  almost  one-half  of  the  time  of  the  hearings  was  consumed 
in  efforts  to  secure  a  clear  idea  of  the  system.  The  absence  of  any 
method  of  collective  bargaining  between  the  management  and  the  em- 
ployees is  another  serious  cause  of  unrest,  as  is  also  the  lack  of  a  basic 
guaranteed  minimum-wage  rate."  The  board  attempted  by  its  deci- 
sion to  remove  the  causes  of  this  dissatisfaction. 
In  the  case  of  the  New  York  State  Railways 
J20.  Intervention  of  Rochester  &  Syracuse  Railroad  Co.,  4/10/19. 

the  board  condemned  a  contract  between  a  street  railway  company 
and  its  employees  which  'provided  that  when  the  cars  of  an  inter- 
urban  company  were  on  the  tracks  of  the  local  company  they  should 
be  operated  by  the  local  employees.    Whenever  an  inter  urban  train 
came  within  the  city  limits  its  trainmen  were  idle  approximately 
one  hour.    As  this  contract  was  about  to  expire,  the  board  simply 
ordered  that  after  this  expiration  such  a  provision  should  not  be  a 
part  of  any  contract  between  the  company  and  its  employees. 
The  workers  in  Northern  Indiana  Gas  &  Electric  Co. 
.',5,  11/22/18. 


88  REPORT  SECRETARY  NATIONAL  WAR  LABOR   BOARD. 

demanded  that  foremen  on  jobs  be  not  allowed  to  use  tools,  but  this 
demand  was  denied  because  "  inconsistent  with  the  times  and  unr,ea- 
sonable  in  view  of  the  present  necessity  for  the  fullest  possible  utiliza- 
tion of  the  forces  of  production." 
In  the  Newsprint  Paper  case, 
35,  6/27/18. 

however,  the  award  declared  that  "  Foremen  and  boss  machine  tend- 
ers shall  not  do  manual  labor  in  excess  of  10  per  cent  of  the  time.*' 
In  interpreting  this  section 

1/28/19. 

it  was  decided  that  it  applied  to  a  boss  machine  tender  when  acting 
as  foreman,  but  that  when  acting  under  a  foreman  the  section  would 
not  apply  as  limiting  his  manual  labor  to  only  10  per  cent  of  his 
time. 

The  board  also  sustained  the  contention  of  the  pressmen  of  the 
Butterick  Publishing  Co. 

752,  1/15/19. 

that  one  pressman  should  operate  but  one  two-color  press,  in  accord- 
ance with  the  general  practice  in  Greater  New  York,  although  the 
shop  practice  in  the  Butterick  plant  had  been  otherwise ; 

"  The  record  shows  that  it  is  the  general  practice  in  Greater  New  York 
for  pressmen  to  confine  their  labors  to  one  press  of  this  character.  It  is 
•claimed  by  the  representatives  of  the  unions  that  this  condition  was 
brought  about  in  other  establishments  because  it  was  unsafe  for  a  press- 
man to  take  care  of  two  presses  at  one  time.  On  the  other  hand,  it  is 
contended  by  the  employers  that  a  pressman  can  operate  two  of  these 
.  presses  without  any  great  difficulty  and  that  to  confine  the  labors  of  a 
pressman  to  one  press  is  a  great  economic  loss."  The  board  approved 
the  report  of  the  Section  of  the  board  assigned  to  the  case  which  de- 
clared that  "  the  business  of  the  complainant  is  not  placed  at  a  disad- 
vantage with  establishments  of  like  character  by  complying  with  the 
general  rule  in  this  instance." 

and  it  has  declared  in  several  cases  that  an  apprenticeship  system 
should  be  established  by  mutual  agreement  between  the  company 
and  the  shop  committee. 

Waynesboro  cases,  J/0,  7/11/18 ;  St.  Louis  Car  Co.,  4  a,  10/11/18 ;  Saginaw 
Machinists,  1J,7,  10/25/18 ;  St.  Louis  Coffin  Co.,  258,  11/19/18.  Provision 
should  be  made  for  a  reasonable  number  of  apprentices :  4  a,  258.  Appren- 
tices should  be  given  an  opportunity  to  learn  a  trade  under  circumstances 
as  to  character  of  work  and  compensation  as  may  be  agreed  upon  between 
committees  of  the  men  and  their  employers :  JtO. 

MOBILIZATION  OF  LABOR. 

For  the  purpose  of  mobilizing  the  labor  supply  icitJi  a  mew  to  its 
rapid  and  effective  distribution,  a  pemnwient  list  of  the  numbers  of 
skilled  and  other  workers  available  in  different  parts  of  the  country 
shall  be  kept  on  file  by  the  Department  of  Labor,  the  information  to 
be  constantly  furnished — 

1.  By  the  trade-unions. 

2.  By  State  employment  bureaus  and  Federal  agencies  of  like 
character. 

3.  By   the  managers  and  operators  of  industrial  establishments 
throughout  the  country. 


RKPOHT   SECRETARY  NATIONAL  WAR  LABOR  BOARD.  89 

These  agencies  shall  be  given  opportunity  to  cud  in  the  distribution 
of  labor  as  necessity  demands. 

CUSTOM  OF  LOCALITIES. 

In  fixing  ira-ges,  hours,  and  conditions  of  labor,  regard  should 
always  be  had  to  the  labor  standards,  wage  scales,  and  other  condi- 
tions prevailing  in  the  localities  affected. 

HOURS  AND  WORKING  CONDITIONS. 

The  board  has  not  usually  stated  the  reasons  for  its  decisions  upon 
wages,  hours  of  labor,  and  conditions  of  labor.  We  have  seen,  how- 
ever, that  some  of  the  awards  upon  hours  have  been  based  upon  the 
customs  of  the  plants  or  upon  the  customs  of  similar  plants  in  the 
same  localities  or  in  localities  where  the  conditions  apparently  were 
not  dissimilar, 

Section  on  Decisions  of  Board  in  Favor  of  Basic  Eight-hour  Day  (p.  75). 
See  also  American  Locomotive  Co.,  Richmond,  739,  1/29/19 ;  Wharton 
Steel  Co.,  70S,  3/14/19 ;  Westneld  Manufacturing  Co.,  968,  4/11/19 ;  West- 
ern Cold  Storage  Co.,  80,  3/26/19 ;  McDonougb  Packing  Co.,  81  a,  3/26/19 ; 
Wink  Packing  Co.,  81  ft,  3/26/19;  E.  Godel  $  Sons,  81  c,  3/26/19;  Armour 
&  Co.,  324,  4/10/19 ;  Hinde  &  Dauch  Paper  Co.,  576,  4/11/19. 

and  that  at  times  the  board  has  declared  that  the  days  which  should 
be  regarded  as  holidays  were  those  which  were  recognized  by  State 
law. 

Section  on  Sundays  and  Holidays  (p.  79). 

So,  also,  in  dealing  with  working  conditions  the  board  has  directed 
the  observance  of  the  custom  of  the  community, 

Butterick  Publishing  Co.,  752,  1/15/19. 

and  it  has  at  times  directed  an  appeal  to  the  local  authorities  if 
proper  sanitary  conditions  were  not  established. 

Section  on  Protecting  Health  and  Safety  of  Workers  (p.  67). 

This  provision  concerning  the  custom  of  localities,  however,  does 
not  make  the  local  conditions  unchangeable.  It  "  makes  the  secured 
wage  and  time  scales  a  foundation  upon  which  to  build  and  not  an 
obstacle  to  progress,  except  only  as  the  exigencies  of  the  war  may 
call  for  patriotic  sacrifices." 

Award  by  Umpire  Mack  in  Iron  Molders  of  Elizabeth,  N.  J.,  160,  12/17/19. 
"  I  am  not  forgetful  that  under  the  applicable  governing  principles,  in 
fixing  hours  of  labor  as  well  as  wages,  regard  should  be  had  to  the  labor 
standards  and  wage  scales  prevailing  in  the  localities  affected.  It  can 
not,  however,  have  been  intended  that  the  rate  of  pay  and  hours  of  labor 
fixed  by  contract  for  a  definite  locality  and  for  a  fixed  period  of  six 
months  or  one  year,  whether  in  the  prewar  or  war  time,  as  in  the  case 
of  the  foundries  here  in  question,  should  be  the  measure  of  the  rates  to 
be  fixed  at  the  expiration  of  that  contract  under  a  continually  increasing 
cost  of  living  and  a  consistent  and  insistent  universal  demand  for  the 
shorter  day.  Such  an  interpretation  would  bar  all  progress:  its  inap- 
plicability was  recognized  by  both  sides  in  advancing  the  wage  to  $5.75 
pending  arbitration.  If  it  were  held  to  mean  that  general  local  indus- 
trial conditions,  and  not  merely  those  in  the  specific  industry  involved, 
are  to  be  considered,  but  little  help  can  be  derived  from  this  provision. 
For  in  Elizabeth,  as  in  most  localities,  there  are  doubtless  vast  differ- 
ences in  wages  and  hours  of  labor  both  for  skilled  and  unskilled  indus- 


90  REPORT   SECRETARY   -NATIONAL   WAR   LABOR  BOARD. 

trial  workers.  IT,  however,  the  iron  molders  in  the  immediate  vicinity 
of  Elizabeth  alone  be  considered,  there  is  no  uniform  practice  either  as 
to  wages  or  as  to  the  normal  day :  if  the  line  be  extended  to  include  New 
York  as  a  '  locality  affected,'  while  a  large  majority  of  foundries  have  a 
normal  nine-hour  day,  the  contracts  providing  therefor  were  made  long 
before  July  1,  1918,  and  expire  December  31,  1918:  a  very  respectable 
minority,  moreover,  operate  even  now  under  a  basic  eight-hour  day  at 
wages  of  $5.75  and  upwards. 

"In  my  judgment,  however,  the  principle  in  question  has  an  entirely  dif- 
ferent interpretation.  If  there  are  any  real  labor  standards  or  wage 
scales  in  a  particular  industry  or  generally  in  any  community,  they  are 
usually  the  result  of  years  of  struggle,  the  inevitable  conflict  between 
labor  and  capital  under  the  prevailing  industrial  system.  In  times  of 
peace,  this  struggle  would  continue;  in  a  time  of  war  it  must  be  checked. 
The  country's  need  must  be  the  first  consideration  of  both  parties;  as  the 
boys  in  the  trenches  stand  ready  to  give  up  life  itself,  labor  must  stand 
ready  to  make  its  sacrifices,  by  overwork,  of  health  and  normal  longevity ; 
all  standards  must  yield  to  the  nation's  wants,  but  only  to  this.  In  so  far 
as  patriotism  permits,  they  are  to  be  conserved  and  regarded  in  making 
awards.  Fairly  interpreted,  this  provision  makes  the  secured  wage  and 
time  scales  a  foundation  upon  which  to  build,  and  not  an  obstacle  in  the 
path  of  progress  except  only  as  the  exigencies  of  war  may  call  for  patri- 
otic sacrifices." 

"Workmen  are  entitled  to  comfortable  living  wages,  and  no  compari- 
sons that  might  be  presented  are  sufficient  to  overturn  or  outweigh 
that  principle." 

Award  by  Umpire  Mc-rhord  in  Madison  Machinists,  19~>,  2/18/19,  quoted 
more  fully  in  second  note  in  section  on  Wages  and  Customs  of  Locali- 
ties (p.  93). 

PRINCIPLES  GOVERNING  WAGE  AWARDS. 

The  board  has  also  stated  reasons  for  its  decisions  in  some  of  the 
wage  awards,  although  it  has  done  so  in  few  cases  in  comparison 
with  the  total  number  of  wage  awards.  In  some  cases  it  has  based 
the  awards  upon  wages  paid  in  other  plants  where  conditions  were 
similar ; 

See  next  section,  on  Wages  and  Customs  of  Localities  (p.  92). 
in  other  cases  it  has  sought  to  maintain  the  standards  of  living  of 
the  workers  affected  by  granting  to  them  wage  advances  proportion- 
ate to  the  increase  in  the  cost  of  living; 

See  section  on  Maintenance  of  Standard  of  Living  (p.  93). 

and  in  a  third  class  of  cases  it  has  tried  to  give  to  the  workers  a 
living  wage. 

See  under  heading  The  Living  Wage  (p.  94). 

Underlying  many  of  the  street  railway  decisions,  at  least,  is  tho 
position  that  in  wage  cases  it  is  immaterial  whether  or  not  a  business 
is  on  a  paying  basis. 

At  hearings  before  the  joint  chairmen  on  0/24/1 S  and  on  6/28/18.  tho 
joint  chairmen  called  attention  to  the  fact  that  the  prices  paid  by  the 
company  for  coal  and  metals  were  not  dependent  upon  the  financial  con- 
dition of  the  company.  The  company  on  0/24/18  and  on  0/25/18  con- 
ceded that  the  right  of  the  employees  to  reasonable  wages  was  independ- 
ent of  the  company's  financial  condition.  On  6/25  Mr.  Taft  said,  "  We 
have  no  doubt  ourselves,  and  I  can  speak  that  in  advance,  that  it  is  our 
duty  to  go  on  and  fix  what  we  regard  as  a  reasonable  rate  of  wage* 
without  regard  to  the  condition  of  the  company."  In  Boston  Elevated 
Railway  Co.,  181,  10/2/18,  the  award  of  the  joint  chairmen  as  arbi- 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  91 

trators  pointed  out  tluit  "  If  the  company  needs  coal  or  steel  in  the  opera- 
tion of  its  road  it  must  pay  the  war  prices  for  these  commodities  or  go 
without.  Similarly  it'  it  needs  labor,  it  must  also  pay  a  price  com- 
mensurate with  the  present  exigency,  a  price  which  will  enable  its  em- 
ployees to  meet  their  greatly  increased  expenses."  Mr.  Taft  said  in  his 
opinion  as  one  of  the  arbitrators  in  a  case  involving  the  Michigan  United 
Railways  Co.,  ^05,  "The  National  War  Labor  Board,  of  which  \ve  are 
chairmen,  has  held  that  the  financial  condition  of  the  company  is  not  a 
factor  in  determining  what  a  fair  rate  of  wages  is  on  a  joint  submission 
like  this.-'  This  statement  was  made  in  a  case  which  came  before  Mr. 
Taft  and  Mr.  Walsh  as  arbitrators  and  not  as  joint  chairmen. 

In  Coal  Dock  Operators,  Duluth,  L'0/,  10/24/18,  the  board  increased  the 
compensation  of  the  employee*  by  awarding  time  and  a  half  for  work 
in  excess  of  eight  hours  and  double  time  for  Sundays  and  holidays,  and 
at  the  same  lime  recommended  that  the  Fuel  Administration  "  give  due 
consideration  to  the  increased  cost  entailed  by  reason  of  this  award."  Sub- 
sequently, 201  sup.,  11/19/18,  the  board  made  a  contingent  award  that 
the  daily  wage  rate  paid  for  a  10-hour  work  day  on  10/1/18  should  be 
the  daily  wage  rate  for  an  8-hour  day,  saying,  "  Inasmuch  as  the  selling 
price  of  the  product  of  the  coal  dock  operators  is  controlled  by  the  Fuel 
Administration,  and  is  based  upon  ascertained  cost  of  operation,  includ- 
ing wages,  this  award  is  made  contingent  on  the  action  of  the  Fuel 
Administration  making  such  readjustment  in  the  selling  price  as  may  be 
warranted  by  reason  of  the  increased  cost  of  operation  entailed  by  this 
award."  Compare  the  recommendation  to  the  Federal  Trade  Commission 
in  Newsprint  Paper,  35,  C/2T/18,  and,  under  The  Living  Wage,  the  section 
on  Financial  Recommendations  (p.  114). 

The  award  in  Philadelphia  Carpenters,  Geo.  W.  Smith  Co.,  315,  11/19/18, 
was  made  in  accordance  with  the  submission  agreement  on  the  promise  of 
the  Emergency  Fleet  Corporation  to  pay  increased  compensation  if  called 
for  by  the  award.  The  award  of  increased  wages  in  Toledo,  Bowling 
Creen  &  Southern  Railway  Co.,  527,  12/5/18,  was  also  under  the  terms  of 
the  submission  agreement  contingent  upon  the  securing  of  permission  from 
the  proper  authorities  to  charge  a  rate  of  fare  adequate  to  meet  such 
award. 

In  Baker  Manufacturing  Corporation  and  Davison-Namack  Foundry  Co., 
103.  4/8/19,  Umpire  Hale  declared  that  "The  fact  that  the  selling  price 
of  the  product  has  not  increased  does  not  of  itself  prove  that  there 
should  be  no  increase  in  wages.  The  employers  have  introduced  no  evi- 
dence in  regard  to  what  their  prolits  are  with  the  present  prices  or 
whether  those  profits  might  reasonably  be  reduced," 

In  Tennessee  Copper  Co.,  1028,  4/10/19,  the  board  recommended  wage  ar- 
rangements winch  included  readjustments  in  accordance  with  the  market 
price  of  the  product.  The  employees  had  acquiesced  in  the  giving  of 
weight  to  such  a  factor. 

The  considerations  which  have  been  stated  were  also  apparently, 
sometimes  separately  and  sometimes  in  combination,  given  more  or 
less  weight  in  other  cases  in  which  reasons  for  the  decisions  were  not 
stated  in  the  awards. 

The  board  has  also  acted  at  times  on  the  further  principles,  which 
do  not  appear  to  have  been  stated  in  any  of  the  awards,  that  a  higher 
wage  should  be  paid  for  a  higher  grade  of  work  than  for  a  lower 
grade  of  work, 

E.  jr.,  the  wages  awarded  to  platform  men  in  Butte  Electric  Railway  Co., 
Butte,  Mont.,  271,  11/20/18,  depended  in  part  upon  the  wages  received  by 
common  labor  in  that  town. 

and  that  where  work  is  of  an  undesirable  character  that  fact  should 
be  given  some  weight  in  fixing  wages. 

Compare  the  minimum  wages  awarded  to  St.  Joseph  Lead  Co.,  16,  7/31/18, 
with  the  minimum  wages  awarded  in  other  cases  about  the  same  time. 
See  also  the  opinion  of  the  umpire  in  New  York  Harbor  case,  10,  2/25/19, 
and  opinion  in  Little  Rock  Laundries,  233,  11/9/18. 


92  REPORT   SECRETARY   NATIONAL   WAR   LABOR  BOARD. 

WAGES  AND  CUSTOMS  OF  LOCALITIES. 

As  already  pointed  out,  some  of  the  wage  awards  have  been  ex- 
plicity  based  upon  the  customs  of  similar  plants  in  the  same  locali- 
ties or  of  similar  plants  operating  elsewhere  under  conditions  which 
apparently  were  not  dissimilar. 

Philadelphia  Carpenters,  Geo.  W.  Smith  Co.,  315,  11/19/18;  Molders,  Ridg- 
way,  Pa.,  349,  12/20/18;  Molders,  Williamsport,  Pa.,  355,  12/20/18; 
Montana  Power  Co.,  583,  2/13/19;  Nevada  Consolidated  Copper  Co.,  303, 
2/20/19;  umpire's  award  in  Chambersburg,  Pa.,  cases,  371,  3/11/19; 
Wharton  Steel  Co.,  758,  3/14/19 ;  umpire's  award  in  Baker  Manufactur- 
ing Corporation  and  Davison-Namack  Foundry  Co.,  403,  4/8/19 ;  Willys- 
Morrow  Co.,  844,  4/10/19;  Remington  Arms  Co.,  937,  4/10/19;  umpire's 
award  in  Coal  Dealers,  Lynn,  Mass.,  774,  4/11/19;  recommendations  in 
the  following  cases:  Bethlehem  Steel  Co.,  Lebanon,  419,  1/15/19;  Leb- 
anon Valley  Iron  Co.,  420,  1/15/19 ;  Burden  Iron  &  Steel  Co.,  421, 1/15/19 ; 
Cohoes  Rolling  Mill  Co.,  422,  1/15/19;  Milton  Manufacturing  Co.,  422  a, 
1/15/19 ;  Pennsylvania  Iron  &  Steel  Co.,  422  &,  1/15/19 ;  Columbia  Metal 
Box  Co.,  778,  1/15/19 ;  American  Locomotive  Co.,  Richmond,  739,  1/29/19 ; 
American  &  British  Manufacturing  Co.,  594,  2/12/19;  Butterick  Pub- 
lishing Co.,  880,  2/12/19;  Reading,  Pa.,  cases,  522,  3/4/19;  Coopers, 
Chicago,  111.,  696,  3/4/19 ;  United  Gas  &  Electric  Co.,  725,  3/4/19 ;  Spang 
&  Co.,  915,  3/4/19,  915  a,  3/11/19 ;  Western  Cold  Storage  Co.,  80,  3/26/19 ; 
McDonough  Packing  Co.,  81  a,  3/26/19 ;  Wink  Packing  Co.,  81  b,  3/26/19 ; 
E.  Godel  &  Sons,  81  c,  3/26/19;  Armour  &  Co.,  824,  4/10/19;  Hinde  & 
Dauch  Paper  Co.,  576,  4/11/19.  See  also  award  in  Galesburg  Railway, 
Light  &  Power  Co.,  109  sup.,  12/5/18 ;  recommendation  in  Russell  Motor 
Car  Co.,  122,  3/4/19.  Compare  award  quoted  in  note  in  section  on  Hours 
and  Working  Conditions  (p.  89)  ;  umpire's  award  in  Molders,  Warren, 
Ohio,  437,  1/8/19;  recommendation  in  Firemen  of  Pittsburgh,  Pa.,  226, 
10/24/18 ;  opinions  of  minority  of  board  in  the  following  cases :  Florida 
Fertilizer  Manufacturers,  680,  2/18/19;  Rhode  Island  Textile  Workers, 
275,  3/13/19;  Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  St.  Paul 
Foundry  Co.,  570,  4/11/19;  American  Hoist  &  Derrick  Co.,  571,  4/11/19. 
The  decisions  in  other  cases,  e.  g.,  Standard  Boiler  &  Plate  Iron  Co., 
325,  4/9/19,  were  in  a  measure  governed  by  such  customs. 

In  the  street  railway  cases  the  joint  chairmen  as  arbitrators  made  greater 
increases  in  some  cities  than  in  others.  For  example,  the  maximum 
rate  in  Cleveland,  Ohio,  was  raised  from  35  cents  to  48  cents,  bringing 
it  to  the  same  level  as  the  rate  awarded  in  Detroit,  Chicago,  and  Buffalo. 
As  the  joint  chairmen  said,  Cleveland  Railway  Co.,  31,  7/31/18,  this 
exceptional  increase  was  "due  to  the  fact  that  the  wage  paid  by  the 
Cleveland  company  were  unusually  low — 5  cents  below  the  average."  In 
Boston  Elevated  Railway  Co.,  181,  10/2/18,  where  the  joint  chairmen  in- 
creased the  maximum  wages  of  surface  motormen  and  conductors  from 
37|  cents  to  48  cents,  they  said,  "  The  increase  is  substantial,  but  is  fair. 
It  is  required  by  the  increase  in  the  cost  of  living  and  brings  the  wage 
in  Boston  only  up  to  a  parity  with  wages  of  motormen  and  conductors 
in  other  cities  of  similar  importance,  where  the  cost  of  living  is  at  most 
not  higher  than  it  is  in  Boston." 

Other  awards  have  been  based  upon  the  rates  paid  by  the  Gov- 
ernment for  work  which  was  being  done  for  it  in  other  places  than 
the  plant  involved. 

Bethlehem  Steel  Co.,  22,  7/31/18 ;  Philadelphia  Carpenters,  Geo.  W.  Smith 
Co.,  315,  11/19/18;  Remington  Arms  Co.,  ,957,  4/10/19;  Boilermakers, 
Akron,  Ohio,  826  a,  4/11/19;  recommendations  in  the  following  cases; 
Russell  Motor  Car  Co.,  .122,  3/4/19 ;  Industrial  Manufacturing  Co.,  783, 
3/4/19;  Spokane  &  Inland  Empire  Railroad  Co.,  503,  3/27/19;  Minne- 
apolis Steel  £  Machinery  Co.,  46,  4/11/19;  St.  Paul  Foundry  Co.,  570, 
4/11/19;  American  Hoist  &  Derrick  Co.,  571,  4/11/19.  (The  recommen- 
dations in  46,  570,  571,  were  by  majority  vote.)  See  also  umpire's  award 
in  Worthington  Pump  &  Machinery  Corporation,  Cudahy,  163,  12/20/18; 
Machinists,  Philadelphia,  400,  12/20/18. 


REPOKT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  93 

In  Madison  Machinists,  195,  2/18/19,  Umpire  McChord  said,  "  It  is  also 
argued  by  the  employers  that  the  wages  now  paid  in  the  factories  of 
Madison  are  as  high  as,  or  higher  than,  are  paid  by  the  State  of  Wiscon- 
sin and  the  city  of  Madison,  and  that  therefore  a  wage  level  is  estab- 
lished which  it  would  be  unwise  to  change  or  disturb.  This  argument 
has  little  force.  Carried  to  its  logical  conclusion,  workers  would  always 
be  required  to  accept  low  wages,  provided  the  majority  in  the  same  com- 
munity received  low  wages.  It  would  always  mean  a  reduction  to  the 
lowest  level,  which  is  neither  just  to  the  worker  or  the  community  as 
a  whole.  In  any  event,  there  is  no  just  comparison  between  workers  in 
factories  and  those  employed  by  State  or  municipal  authorities.  Cer- 
tainly unduly  low  wages  paid  by  the  latter  can  not  rightfully  constitute 
the  just  measure  for  the  former.  The  test  is  not  so  much  what  the  level 
is,  as  how  that  level  measures  up  with  the  cost  of  living.  Workmen  are 
are  entitled  to  comfortable  wages,  and  no  comparisons  that  might 
be  presented  are  sufficient  to  overturn  or  outweigh  that  principle.' 

In  Niles-Bement-Pond  Co.,  339,  12/9/18,  Umpire  Lind  said,  "The  question 
of  determining  what  is  a  fair  wage  is  always  a  difficult  one  and  espe- 
cially so  at  the  present  moment  when  industry  as  a  whole  is  disturbed 
by  many  untoward  conditions.  In  the  present  situation  I  do  not  think 
that  it  would  be  either  wise  or  just  to  be  guided  in  any  large  degree  by 
the  very  high  scale  of  wages  that  was  established  by  the  Government, 
while  we  were  actively  engaged  in  hostilities,  for  the  purpose  of  stimu- 
lating war  production." 

The  board  has  at  times,  e.  g.,  Machinists,  Philadelphia.  400,  12/20/18;  In- 
dustrial Manufacturing  Co.,  783,  3/4/19,  recommended  that  where  the 
payment  of  rates  provided  for  in  the  decision  of  the  board  increases  the 
cost  of  production,  the  Government,  for  which  the  companies  were  pro- 
ducing, should  reimburse  the  companies  to  the  extent  which  investiga- 
tion should  show  to  be  necessary  under  the  increased  rates. 

In  the  Columbus,  Ohio,  cases,  502,  4/10/19;  Rome,  N.  Y.,  cases,  941, 
4/10/19;  Steacy-Schmidt  Manufacturing  Co.,  454,  4/11/19;  Lancaster, 
Pa.,  cases  813,  4/11/19,  the  board  made  the  following  recommenda- 
tion :  "  If  the  companies  received  payment  at  the  rate  of  time  and  one- 
half  for  overtime  worked  beyond  eight  hours  per  day  for  work  done  by 
them  either  directly  or  indirectly  for  the  Government  or  for  private 
parties,  they  should,  in  fairness  to  their  employees,  compensate  said 
employees  on  the  same  basis  for  the  period  during  which  the  companies 
received  such  overtime  payment  for  their  work." 

In  most  if  not  all  of  the  street  railway  cases  which  have  come  before  it 
the  board  has  found  it  necessary  to  add  to  its  award  of  higher  wages 
a  recommendation  that  the  appropriate  authorities  allow  the  company 
to  increase  its  charges.  See  under  The  Living  Wage  the  section  on 
Financial  Recommendations  (p.  114).  And  see  recommendation  to  Fed- 
eral Trade  Commission  in  Newsprint  Paper,  35,  6/27/18. 

MAINTENANCE  OF  STANDARD  OF  LIVING. 

Several  of  the  awards  and  recommendations  have  been  based  ex- 
plicitly upon  increases  in  the  cost  of  living. 

Award  by  board  in  Newsprint  Paper,  55,  6/27/18 ;  Pressmen's  Union  of  Chi- 
cago, 105,  9/27/18 ;  Little  Rock  Laundries,  233,  11/9/18 ;  Montana  Power 
Co.,  583,  2/13/19.  Awards  by  joint  chairmen  as  arbitrators  in  Detroit 
United  Railway  Co.,  32,  7/31/18;  Chicago  Surface  Lines,  59  a,  7/31/18; 
Chicago  &  West  Towns  Railway  Co.,  59  &,  7/31/18 ;  Boston  Elevated  Rail- 
way Co.,  181,  10/2/18.  Recommendations  by  board  by  majority  vote  in 
Florida  Fertilizer  Manufacturers,  680,  2/18/19,  and  in  ,T.  A.  McNulty,  261, 
4/11/19.  See  also  opinion  of  umpire  in  Worthington  Pump  &  Ma- 
chinery Corporation,  Cudahy,  163,  12/20/18;  recommendations  in  the 
following  cases:  American  Sheet  £  Tin  Plate  Co.,  232,  1/15/19;  Bedford 
Stone  Club,  397,  1/15/19 ;  Bethlehem  Steel  Co.,  North  Lebanon  Plant,  401, 
1/15/19;  Eastern  Steel  Co.,  418,  1/15/19;  Imperial  Electric  Co.,  520, 
1/15/19 ;  Columbia  Metal  Box  Co.,  772,  1/15/19 ;  Standard  Steel  Car  Co., 
914,  914  a,  1/15/19;  and  interpretation  of  provision  as  to  increased  cost 
of  living  in  Newsprint  Paper,  35  sup,,  12/19/18. 


I 


94  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

It  must  be  noted,  however,  that  in  a  number  of  the  cases  in  which 
wages  have  been  raised  on  a  percentage  basis, 

Willys-Overland  Co.,  .0-5.  10/11/38:  umpire's  award  in  Xiles-Bement-Pond 
.Co.,  PiMinsfield.  N.  J.,  339,  l'J/9/lS;  Mulders,  Elkhart,  Intl.,  383,  4/10/10; 
Benjamin  Iron  &  Steel  Co.,  724,  4/10/19;  recommendation  in  Holders, 
Fort  Wayne,  Ind.,  284,  4/10/19.  See  also  Reading  Iron  Co.,  416,  11/19/18 ; 
Wilkesbarre  cases,  6'3«S,  2/20/10;  and  recommendations  in  Nos.  .J/..9  ttt 
422  6. 

or  in  which  the  board  has  simply  classified  the  workers  according  to 
their  wages  and  decided  upon  separate  increases  for  each  class. 

See  recommendations  In  Bridgeport  Munition  Workers,  132,  8/2S/18; 
Enierson-Brantingham  Co.,  Batavia,  111.,  106,  1/29/19;  American  &  British 
Manufacturing  Co.,  504,  2/12/19;  and  award  by  joint  chairmen  as 
arbitrators  in  St.  Joseph  Lead  Co.,  16,  7/31/18. 

the  board  has  granted  proportionately  greater  advances  to  the  lower- 
paid  workers  than  to  the  higher-paid  workers. 

The  same  result  has  sometimes  been  brought  about  in  the  establishment  of 
minimum  wages.  See,  e.  g.,  women's  wages  in  St.  Louis  Coffin  Co.,  2J8, 
11/19/18.  And  see  citations  under  Street  Railway  Wages :  Percentage 
Increases  for  Other  Employees  (p.  110).  The  board  lias  also  in  the  cast* 
of  motormen  and  conductors  increased  the  wages  of  new  employees  to  a 
greater  extent  than  it  increased  the  wages  of  those  who  had  been  longer 
in  the  service. 

It  is  apparent,  therefore,  that  the  increase  in  the  cost  of  living  is  a 
factor  which  is  not  given  uniform  weight  in  wage  cases  or  is  not- the 
sole  factor  in  determining  advances  in  wages  of  both  the  higher- 
paid  and  the  lower-paid  men. 

From  umpire's  award  in  Madison  Machinists,  195,  2/18/19: — "Certain 
workers  find  it  difficult  to  secure  the  ordinary  comforts  of  life  at  tho 
wages  they  receive  from  some  of  the  employers  in  Madison.  Such  a 
condition  ought  not  to  exist  anywhere.  A  worker  is  entitled,  if  he  be 
sober  and  industrious,  as  a  matter  of  right,  to  something  more  than  the 
bare  living  cost.  His  right  is  to  receive  a  wage  that  shall  insure  to 
himself  and  dependents  those  ordinary  comforts  of  life  that  go  to  make 
up  a  happy  home.  It  is  argued  by  the  employers  that  because  their 
employees  have  had  their  wages  increased  from  time  to  time,  so  that  the 
wages  now  received  represent  about  the  same  percentage  of  increase  as 
the  increase  in  living  cost,  they  have  done  their  full  duty  in  the  prem- 
ises. This,  of  course,  must  be  based  on  the  assumption  that  in  1914 
the  wages  paid  represented  all  that  the  worker  was  then  entitled  to, 
which  assumption  is  not  established  on  this  record." 

THE  LIVING  WAGE. 

The  right  of  all  workers*  iifefotding  common  laborers^  to  <<  living 
wage  is  hereby  declared. 

In  fixing  wages,  minimum  rates  of  pay  shall  "be  established  which 
will  insure  the  subsistence  of  the  worker  and  his  family  in  h-ealth 
and  reasonable  comfort. 

I.  IX  GENERAL. 
THE  AWARDS  TO  BE  EXAMINED. 

Under  this  heading  we  shall  consider  not  only  those  awards  which 
relate  strictly  to  the  living  wage  but  all  wage  awards  which  have 
not  been  considered  elsewhere. 


REPORT   SECRETARY    NATIONAL   WAR   LABOR   BOARD.  95 

DETERMINATION  OF  THE  LIVING  WAGE. 

In  the  Wayaesboro  cases, 

40,  7/11/18. 

after  establishing  a  minimum  wage  of  40  cents  per  hour  the  board 
said,  "  The  board  hereby  announces  that  it  has  now  under  considera- 
tion the  matter  of  the  determination  of  the  living  wage,  which  under 
its  principles  must  be  the  minimum  rate  of  wage  which  will  permit 
the  worker  and  his  family  to  subsist  in  reasonable  health  and  com- 
fort. That  in  respect  to  the  minimum  established  by  this  finding  it 
shall  be  understood  that  it  shall  be  subject  to  readjustment  to  con- 
form to  the  board's  decision  when  and  as  a  determination  shall  be 
reached  in  that  regard." 

The  board,  however,  on  July  31,  1918,  adopted  a  resolution  con- 
taining the  following  paragraphs : — 

';  That  the  period  of  the  war  is  not  a  normal  period  of  industrial 
expansion  from  which  the  employer  should  expect  unusual  profits  or 
the  employees  abnormal  wages;  that  it  is  an  interregnum  in  which 
industry  is  pursued  only  for  common  cause  and  common  ends; 

"  That  capital  should  have  only  such  reasonable  returns  as  will 
assure  its  use  for  the  world's  and  Nation's  cause,  while  the  physical 
well-being  of  labor  and  its  physical  and  mental  effectiveness  in  a  com- 
fort reasonable  in  view  of  the  exigencies  of  the  war  should  likewise 
be  assured ; 

"  That  this  board  should  be  careful  in  its  conclusions  not  to  mako 
orders  in  this  interregnum,  based  on  approved  views  of  progress  in 
normal  times,  which,  under  war  conditions,  might  seriously  impair  the 
present  economic  structure  of  our  country; 

"  That  the  declaration  of  our  principles  as  to  the  living  wage  and 
an  established  minimum  should  be  construed  in  the  light  of  thess 
considerations : 

;'  That  for  the  present  the  board  or  its  sections  should  consider 
and  decide  each  case  involving  these  principles  on  its  particular  facts 
and  reserve  any  definite  Yule  of  decision  until  its  judgments  have 
been  sufficiently  numerous  and  their  operation  sufficiently  clear  to 
make  generalization  safe." 

II.   INDUSTRIAL  CASES. 
WAGE  INCREASES. 

The  board  has  frequently  decided  that  employers  who  were  parties 
to  the  award  should  increase  wages,  either  on  a  definite  percentage 
basis. 

Newsprint  Paper,  .15.  G/27/18;  General  Electric  Co.,  Pittsfield,  W,  7/31/18; 
General  Electric  Co.,  Schenectady,  12?,  7/31/18,  sup.,  11/22/18;  Pollak 
Steel  Co.,  102,  8/21/18 ;  St.  Louis  Car  Co.,  .'/  a,  10/11/18 ;  Willys-Overland 
Co.,  95.  10/11/18;  Saginaw  Machinists,  147,  10/25/18;  St.  Louis  Coflin  Co., 
2.58,  11/19/18;  Reading  Iron  Co.,  J,16,  11/19/18;  Northern  Indiana  <;,-is 
&  Electric  Co.,  45,  11/22/18;  Erie  Lighting  Co.,  133,  11/22/18;  umpire's 
award  in  Niles-Bement-Pond  Co.,  Plainsfield,  N.  .L,  339.  12/9/18;  um- 
pire's award  in  Holders,  Warren,  Ohio,  437,  1/8/19;  Union  Carbide  Co-, 
174,  1/15/19;  Western  Drop  Forge  Co.,  334,  1/29/19;  Portland  Railway, 
Light  &  Power  Co.,  567,  2/19/19;  Wilkesbarre  cases,  638,  2/20/19;  Wai- 
worth  Manufacturing  Co.,  L'T//,  3/6/19;  Patternmakers,  P.uffalo,  604. 


96  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

3/14/19;  Chicago  Brush  Manufacturing  Co.,  754.  3/2G/19 ;  Matthews 
Engineering  Co.,  542,  542  a,  3/27/19 ;  Standard  Boiler  &  Plate  Iron  Co., 
325,  4/9/19;  Molders,  Elkhart,  Intl.,  383,  4/10/19;  Benjamin  Iron  & 
Steel  Co.,  724,  4/10/19.  See  also  umpire's  award  in  Madison  Machinists, 
105,  2/18/19;  recommendation  in  Molders,  Fort  Wayne,  Ind.,  284, 
4/10/19;  recommendation  by  board  by  majority  vqte  in  Rhode  Island 
Textile  Workers,  275,  3/13/19;  and  recommendations  in  Nos.  232,  897, 
401,  418,  520,  772,  014,  914  «•  In  Molders,  Warren,  Ohio,  437,  1/8/19, 
the  umpire  decided  that  the  wages  paid  on  a  named  date  for  a  nine-hour 
day  shjnld  be  the  daily  wage  rate  for  an  eight-hour  day.  In  Coal  Dock 
Operators,  201  sup.,  11/19/18,  the  board  decided,  contingent  upon  the 
action  of  the  Fuel  Administration,  that  the  wages  paid  on  a  named  date 
for  a  ten-hour  work  day  should  be  the  daily  wage  rate  paid  for  an  eight- 
hour  day.  In  instituting  basic  days  the  board  has  increased  daily 
wages  even  when  it  did  not  raise  the  hourly  rate. 

or  by  a  definite  amount  of  money, 

Newsprint  Paper,  85,  6/27/18;  Indianapolis  Painters,  62,  9/27/18;  Press- 
men's Union  of  Chicago,  105,  9/27/18 ;  New  Orleans  Railway  &  Light  Co., 
,98,  10/24/18 ;  Printers'  League,  N.  Y.,  446,  11/19/18 ;  Pressmen's  Union, 
N.  Y.,  446  a,  12/6/18 ;  Typographical  Union,  446  b,  12/6/18 ;  Paper  Cut- 
ters' Union,  446  c,  12/6/18;  Bindery  Women's  Union,  446  (/,  12/6/18; 
Paper  Handlers'  Union,  446  r,  12/6/18,  *•«/>.,  2/12/19;  Press  Feeders' 
Union,  446  f,  12/6/18 ;  Gem  Metal  Products  Corporation,  591,  12/17/18 ; 
New  York  Photo  Engravers'  Union,  892,  3/12/19.  See  also  Sinclair 
Refining  Co.,  395,  12/15/18;  recommendations  in  the  following  cases: 
Bridgeport  Munition  Workers,  132,  8/28/18;  Emerson-Brantingham  Co., 
Batavia,  111.,  106,  1/29/19;  American  &  British  Manufacturing  Co.,  594, 
2/12/19;  award  by  joint  chairmen  as  arbitrators  in  St.  Joseph  Lead 
Co.,  16,  7/31/18. 

or  to  a  definite  amount  of  money, 

Molders,  Chicago,  87,  6/12/18,  sup.,  3/14/19;  Newsprint  Paper,  35, 
6/27/18;  Waynesboro  cases,  40,  7/11/18;  St.  Joseph  Lead  Co.,  16, 
7/31/18;  Bethlehem  Steel  Co.,  22,  7/31/18;  Pollak  Steel  Co.,  102, 
8/21/18;  Bridgeport  Munition  Workers,  132,  8/28/18;  recommendation 
in  American  &  British  Manufacturing  Co.,  594,  2/12/19;  umpire's  award 
in  Chambersburg,  Pa.,  cases,  371,  3/11/19.  See  also  citations  in  later 
sections. 

or  by  establishing  minimum  wages  to  be  paid  to  all  men  or  to  all 
women  employed,  or  to  all  those  who  were  doing  designated  types 
of  work. 

Instances  in  which  these  have  been  done  will  be  stated  in  later  sections. 
It  has  declared  that  the  wages  under  consideration  were  too  low 
and  should  be  materially  increased ; 

Reading,  Pa.,  cases,  522,  3/4/19 ;  J.  B.  Stine,  521,  4/9/19. 
it  has  made  recommendations  against  reductions  in  wages; 

Tennessee  Copper  Co.,  1028,  4/10/19 ;  Western  Chemical  Co.,  1042,  4/10/19. 
and  it  has  stipulated  in  a  number  of  cases  that  the  revision  of  wages 
or  earnings  provided  for  in  the  award  should  in  no  case  operate  to 
reduce  the  wages  or  earnings  of  any  employee. 

Newsprint  Paper,  35  sup.,  7/26/18,  sup.,  1/28/19;  Bethlehem  Steel  Co.,  22 
7/31/18 ;  Bridgeport  Munition  Workers,  132,  8/28/18 ;  St.  Louis  Car  Co., 
4  a,  10/11/18 ;  Willys-Overland  Co.,  .9.5,  10/11/18 ;  Corn  Products  Refining 
Co.,  130,  11/21/18;  Philadelphia  Machinists,  400,  12/20/18;  recommenda- 
tion in  American  &  British  Manufacturing  Co.,  594,  2/12/19;  umpire's 
award  in  Madison  Machinists,  195,  2/18/19;  Meat  Cutters  of  East  St. 
Louis,  111.,  829,  3/4/19 ;  umpire's  award  in  Chambersburg,  Pa.,  cases,  371, 
3/11/19 ;  Wharton  Steel  Co.,  7-98,  3/14/19 ;  recommendations  of  board  by 
majority  vote  in  the  following  cases :  Rhode  Island  Textile  Workers,  275, 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  97 

3/13/19;    Minneapolis   Steel   &    Machinery    Co.,   46,   4/11/19;    St.    Paul 
Foundry  Co.,  570,  4/11/19 ;  American  Hoist  &  Derrick  Co.,  57 1,  4/11/19. 

The  board  has  not  invariably  decided  in  favor  of  increases  in  wages. 
It  has  at  times  expressed  the  opinion  that  the  rates  under  considera- 
tion were  reasonable ; 

Recommendation  in  San  Diego  Electric  Railway  Co.,  452,  4/10/19.  See 
also  limited  scope  of  umpire's  award  in  Coal  Dealers,  Lynn,  Mass.,  774, 
4/11/19.  Rates  reasonable  as  a  whole,  although  individual  inequalities 
might  call  for  redress:  recommendations  in  Minneapolis  Gas  Light  Co., 
475,  4/11/19 ;  and  in  Minnesota  Flour  Mills,  482,  4/11/19. 

and  it  has  in  a  number  of  cases  left  the  question  of  wages  to  collec- 
tive bargaining  between  the  parties. 

See  section  on  Duties  of  Committees  (p.  61). 

MINIMUM  WAGES  FOR  PLANT. 

The  minimum  wage  for  men  has  ranged  from  recommendations  of 
30  cents  an  hour  for  common  labor  in  San  Antonio,  Tex., 
Building  Trades  of  San  Antonio,  Tex.,  216,  1/30/19. 

and  35  cents  an  hour  for  lumber  company  employees  on  the  northern 
border  of  Maine, 

Van  Buren  Lumber  Employees,  Van  Buren,  Me.,  21,  21  I),  1/15/19. 
up  to  an  award  of  50  cents  to  the  employees  of  the  St.  Joseph 
Lead  Co., 

Herculaneum,  Mo.,  16,  7/31/18. 

including  unskilled  laborers.  And  in  the  case  of  Hod  Carriers' 
Union  of  Cleveland,  Ohio, 

104,  1/15/19. 

the  board  decided  that  a  rate  of  55  cents  to  building  trades  laborers, 
including  the  unskilled,  which  was  being  paid  by  way  of  com- 
promise pending  decision  by  the  board,  should  remain  in  force.  The 
awards  have  usually  been  around  40  or  42  cents  in  industrial  cases. 

30   cents:   recommended   in   Building  Trades   of   San   Antonio,   Tex.,   216, 

1/30/19. 
85  cents:  recommended  in  Van  Buren  Lumber  Employees,  Van  Buren,  Me., 

21,  21  T),  1/15/19. 

37  cents:  recommended  in  Florida  Fertilizer  Manufacturers,  680,  2/18/19, 
against  the  vote  of  some  members  of  the  board,  who  thought  that  the 
rate  was  higher  than  should  be  established  for  that  community. 

38  cents:  Newsprint  Paper,  35,  6/27/18.     This  was  apparently  recommended 
in  Aroostook  Pulp  &  Paper  Co.,  Van  Buren,  Me.,  21  a,  1/15/19. 

40  cents:  to  workers  over  21  years  of  age  who  have  been  employed  six 
months:  umpire's  award  in  Madison  Machinists,  195,  2/18/19. 

40  cents:  Waynesboro  cases,  Waynesboro,  Pa.,  40,  7/11/18;  Pollak  Steel 
Co.,  102,  8/21/18 ;  St.  Louis  Car  Co.,  4  ti,  10/11/18 ;  Willys-Overland  Co., 
Elyria,  Ohio,  95,  10/11/18;  Reading  Iron  Co.,  Reading,  Pa.,  416, 
11/19/18;  recommended  in  American  &  British  Manufacturing  Co., 
Providence,  R.  I.,  594,  2/12/19;  recommended  in  Carpenter  Steel  Co., 
Reading,  Pa.,  913,  2/12/19;  Wilkesbarre  cases,  638,  2/20/19;  umpire's 
award  in  Chambersburg,  Pa.,  cases,  371,  3/11/19 ;  Matthews  Engineering 
Co.,  Sandusky,  Ohio,  542,  542  a,  3/27/19;  .T.  B.  Stine,  Osceola  Mills,  Pa., 
521.  4/9/19.  See  also  Commonwealth  Steel  Co.,  Granite  City,  111., 
472,  11/9/18. 

321338°—  20 7 


98  REPORT   SECRETARY   XATIOXAL   WAR   LABOR   BOARD, 

42  cent  a:  General  Electric  Co..  Pittsfiekl,  Mass.,  19,  7/31/18:  General  EU-c- 
tric  Co.,  Schenectady,  N.  Y.,  127,  7/31/18;  umpire's  award  in  Bridgeport 
Munition  Workers,  Bridgeport,  Conn.,  132,  8/28/18;  Pittsfield  Machine  & 
Tool  Co.,  Pittsfield,  Mass.  337.  11/21/18;  umpire's  award  in  Worthington 
Pump  &  Machinery  Corporation,  Cudahy,  Wis.,  163,  12/20  18;  Machinists, 
Hamilton,  Ohio,  978,  4/10/19.  See  also  recommendations  in  the  follow- 
in?  cases  :  Remington  Arms  Co.,  Ilion,  N.  Y.,  937,  4/10/19  ;  Steady-Schmidt 
Manufacturing  Co,,  York,  Pa..  4~)'/,  4/11/10;  Lancaster,  Pa.,  cases,  873 
to  877,  4/11/19. 

50  cents:  St.  Joseph  Lead  Co.,  Herculaneum,  Mo.,  16,  7/31/18. 

55  cents:  Hod  Carriers'  Union  of  Cleveland.  Ohio,  104,  1  /!."/!  9. 

See  also  next  section  on  wages  of  laborers   (p.  102). 

While  women  are  to  be  paid  wages  equal  to  those  paid  to  men 
for  the  same  work, 

See  citations  under  Women  in  Industry   (p.  09.) 

the  board  has  upon  several  occasions  established  lower  minimum 
wages  for  the  women  employees  in  a  plant  than  were  established  for 
the  men  employed  in  the  same  plant.  These  minimum  wages  hav-i 
ranged  from  20  to  35  cents  per  hour. 


$11  per  week  (about  20  cents  per  hour)  except  for  apprentices:  Little 
Laundries,  233,  11/9/18.    First  three  months,  21  cents,  next  six  months, 
26  cents,  after  nine  months,  32  cents:  St.  Louis  Coffin  Co.,  258,  11/19/1*. 

30  cents  for  women  21  years  of  age  or  over:  General  Electric  Co.,  Pitts- 
field,  Mass.,  19,  7/31/18;  Pittsfield  Machine  &  Tool  Co.,  337,  11/21/18. 
30  cents  for  women  18  or  over:  Willys-Overland  Co.,  Elyria,  Ohio,  H~>, 
10/11/18;  St.  Louis  Car  Co.,  4  a.  11/11/18.  SO  cents  for  women  except 
new  employees  and  apprentices  :  Standard  Wheel  Co.,  Terre  Haute,  Ind., 
176,  10/25/18. 

$15  per  iceck  (about  31  cents  per  hour)  :  nothing  said  as  to  aa-o  : 

Electric  Co.,  Schenectady,  N.  Y..  127,  7/31/18:  Meat  Cutters  of  East  Sr. 
Louis,  111.,  829,  3/4/19. 

32  cents  for  women  18  or  over  with  6  months'  experience  in  the  plant  : 
umpire's  award  in  Worthington  Pump  &  Machinery  Corporation.  Cudahy, 
Wis.,  163,  12/20/18  ;  umpire's  award  in  Madison  Machinists,  195,  2/18/19. 

35  cents  for  women  18  or  over:  umpire's  award  in  Chambersburg,  Pa., 
cases,  37  1,  3/11/19.  35  cents  for  women  18  or  over  who  have  worked 
in  the  plant  for  3  months:  Midvale  Steel  £  Ordnance  Co.,  Nicetown,  Pa., 
129,  2/11/19.  35  cents  for  women  18  or  over  who  have  worked  in  the 
plant  for  6  months:  Matthews  Engineering  Co.,  Sandusky,  Ohio,  542. 
542a,  3/27/19;  Vim  Motor  Co.,  853,  4/9/19.  35  cents  for  women  21  or 
over  who  have  worked  in  the  plant  for  6  months  :  Midwest  Engine  Co., 
Indianapolis,  Ind.,  562a,  3/20/19. 

MINIMUM   WAGES   FOR   PARTICULAR    OCCUPATIONS    IN    PLANT. 

The  board  has  established  minimum  wages  to  be  paid  to  worker- 
involved  who  were  engaged  in  particular  occupations.  A  few  typi- 
cal instances  must  be  named.  Thus,  among  metal-workers  it  h-'s 
established  minimum  wages  for  tool-makers, 

80  cents:  Midvale  Steel  &  Ordnance  Co.,  Nicetown,  Pa.,  129,  2/11/19. 

7.'i  cents:  recommended  by  board  by  majority  vote  in  Minneapolis  Steel  & 

Machinery  Co..  Jt6,  4/11/19;  in  St.  Paul  Foundry  Co.,  570,  4/11/19;  and  in 

American  Hoist  &  Derrick  Co..  St.  Paul,  Minn.,  571,  4/11/19. 
72*    cents:    recommended    in    B.    F.    Sturtevant    Co.,    Boston,    Mass.,    ,r'.?, 

1/30/19. 
72  cents:  Worthington  Pump  &  Machinery  Corporation,  East  Cambridge, 

Mass..  14,  7/11/18;  A.  H.  Petersen  Manufacturing  Co.,  Milwaukee,  Wis., 

320,    3/1.4/19;     Westfield     Manufacturing    Co.,    Westfield,     Mnss.,     968. 

4/11/19. 
60  cents:  Waynesboro.  Pa.,  cases,  jO,  7/11/18:  umpire's  award  in  Chambers- 

burg,  PH.,  rases,  37!,  3/11/19. 


REPORT   SECRETARY   NATIONAL   WAR  LABOR   BOARD.  99 

Tool  dressers,  10  cents:  Pollak  Steel  Co.,  Carthage,  Cincinnati,  Ohio,  102, 
8/21/18.  65  cents:  Waynesboro,  Pa.,  cases.  JtO,  7/31/18;  umpire's  award 
in  Chambersburg,  Pa.,  cases,  311,  3/11/10. 

for  machinists. 

First  class,  SO  cents;  second  clas*,  70  cents:  Midvale  Stool  £  Ordnance  Co 
Nicetown,  Pa.,  129,  2/11/19. 

First  class,  27%  cents;  second  class,  26?  cents:  recommended  in  I>.  F. 
Sturtevant  Co.,  Boston,  Mass.,  393,  1/30/19. 

First  class,  72  cents;  second  class,  65  cents:  recommended  by  board 
by  majority  vote  in  Minneapolis  Steel  &  Machinery  Co.,  //#,  4/11/10;  in 
St.  Paul  Foundry  Co..  570,  4/11/19;  and  in  American  Hoist  &,  Derrick 
Co.,  St.  Paul,  Minn.,  571,  4/11/19. 

First  class,  72  cents;  second  class,  62  coils:  Worthington  Pump  &  Machinery 
Corporation,  East  Cambridge,  Mass.,  14,  7/11/18. 

First  class,  60  cents;  second  class,  //5  cents:  by  agreement  in  New  Y-:rk 
Central  Iron  Works  Co..  Hagerstown,  Md.,  297,  9/2G/1S. 

Bench  tool  machinists,  60  cents:  Waynesboro,  Pa.,  cases,  40,  7/11 /IS ; 
umpire's  award  in  Chambersburg,  Pa,,  cases,  371,  3/11/10. 

Journeymen  machinists,  at  least  4  years'  experience,  55  cents:  Wnynesbovo, 
Pa.,  cases.  40,  7/11/18;  umpire's  award  in  Ohambersburrr,  Pa.,  cases, 
371,  3/11/19. 

Machinists,  75  cents:  National  Refining  Co.,  Coffeyville,  Kans.,  ,97,  8/2S/1S. 
72  cents:  umpire's  award  in  Worthington  Pump  &  Machinery  Corporation, 
Cudahy,  Wis.,  163,  12/20/18;  A.  H.  Petersen  Manufacturing  Co.,  Mil- 
waukee, Wis.,  320,  3/14/19.  70  cents:  umpire's  award  in  National  Marine 
Engine  Co.,  Scranton,  Pa.,  87.},  5/7/19.  68  cents:  Westfield  Manufactur- 
ing Co.,  Westfield,  Mass.,  908,  4/11/19. 

Machinists  employed  by  newspaper  publishers,  90  cents  ($7.20  per  day  of 
8  hours)  :  Newspaper  Publishers,  New  York,  N.  Y.,  637,  1/15/19. 

for  specialists, 

Specialists,  65  cents:  Midvale  Steel  &  Ordnance  Co..  Nicetown,  Pa.,  129, 
2/11/19.  56  cents:  umpire's  award  in  Worthington  Pump  &  Machinery 
Corporation.  Cudahy,  Wis.,  163,  12/20/18;  A.  H.  Petersen  Manufacturing 
Co.,  Milwaukee,  Wis.,  320,  3/14/19.  52  cents:  recommended  in  B.  F.  Stur- 
tevant Co.,  Boston,  Mass.,  393,  1/30/19. 

Specialists,  under  tico  years'  experience,  //#  cents:  orer  two  years,  .'/5  cents; 
orcr  three  years,  50  cents:  Waynesboro,  Pa.,  cases,  40,  7/il/lS;  umpire's 
award  in  Chambersburg,  Pa.,  cases,  371,  3/14/19. 

Specialists  and  handy  men,  56  cents:  recommended  by  board  by  majority 
vote  in  Minneapolis  Steel  &  Machinery  Co.,  ./,<?,  4/11/19;  in  St.  Paiil 
Foundry  Co.,  570,  4/11/19;  and  in  American  Hoist  &  Derrick  Co.,  St. 
Paul,  Minn.,  571,  4/11/19. 

Specialists  and  handy  men,  under  4  months'  experience,  42  cents;  over  4 
months'  experience,  52  cents:  Worthington  Pimm  &  Machinery  Corpora- 
tion, East  Cambridge,  Mass.,  lth  7/11/18. 

for  handy  men. 

See  preceding  note. 
and  for  machinists'  helpers, 

55  cents:  Midvale  Steel  &  Ordnance  Co.,  Nicetown,  Pa.,  129,  2/11/19. 

49  cents:  umpire's  award  in  Worthington  Pump  &  Machinery  Corporation, 
Cudahy,  Wis.,  163,  12/20/18;  A.  H.  Petersen  Manufacturing  Co.,  Mil- 
waukee, Wis.,  320,  3/14/19;  recommended  by  board  by  majority  vote  in 
Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  in  St.  Paul  Foundry 
Co.,  570,  4/11/19;  and  in  American  Hoist  &  Derrick  Co.,  St.  Paul,  Minn., 
571,  4/11/19. 

//8  cents:  umpire's  award  in  National  Marine  Engine  Co.,  Scranton,  Pa., 
67',,  5/7/19. 

46  cents:  Worthington  Pump  &  Machinery  Corporation,  East  Cambridge, 
Mass.,  14,  7/31/18;  recommended  in  B.  F.  Sturtevant  Co.,  Boston,  M.iv,., 
393,  1/30/19. 

W  cents:  Sloss-Sheffield  Steel  &  Iron  Co.,  Birmingham.  Ala..  12,  7/31/18. 


100  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

40  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Chambers- 
burg,  Pa.,  cases,  371,  3/11/19. 

In  National  Refining  Co.,  Coffeyville,  Kans.,  97,  8/28/18,  the  board  awarded 
65  cents  to  men  who  were  "  helpers  of  boilermakers,  machinists,  and 
blacksmiths,"  but  the  work  of  each  of  these  helpers  varied  from  time 
to  time  and  was  unusually  heavy. 

for  patternmakers, 

77%  cents:  umpire's  award  in  Worthington  Pump  &  Machinery  Corporation, 
Cudahy,  Wis.,  163,  12/20/18;  recommended  by  board  by  majority  vote 
in  Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  in  St.  Paul  Foundry 
Co.,  570,  4/11/19 ;  and  in  American  Hoist  &  Derrick  Co.,  St.  Paul,  Minn., 
oil,  4/11/19. 

65  cents:  Waynesboro,  Pa.,  cases,  JtO,  7/11/18;  umpire's  award  in  Cham- 
bersburg, Pa.,  cases,  371,  3/11/19. 

Journeymen  patternmakers: 

$1.00:  Patternmakers,  Detroit,  Mich.,  158,  12/10/18. 

$1.00  in  jobbing  shops;  90  cents  in  manufacturing  shops:  Patternmakers, 
Buffalo,  N.  Y.,  604,  3/14/19. 

80  cents:  recommendation  in  Midwest  Engine  Co.,  Indianapolis,  Ind., 
562,  3/14/19. 

75  cents:  recommendation  in  Patternmakers,  Columbus,  Ohio,  670,  671, 
that  this  rate,  which  had  been  agreed  upon  in  June,  1918,  should  be 
continued. 

for  molders  and  coremakers, 

75  cents  ($6.00  per  8-hour  day)  :  umpire's  award  in  Molders,  Warren, 
Ohio,  437,  1/8/19 ;  Molders,  Chicago,  111.,  87  sup.,  3/14/19,  increased  from 
$5.50  per  8-hour  day,  87,  6/12/18. 

72%  cents  for  fully  skilled  molders  and  coreinakers;  62%  cents  for  workmen- 
of  less  or  limited  skill:  umpire's  award  in  Hyde  Windlass  Co.,  Bath,  Me., 
354,  4/9/19. 

72  cents:  recommended  by  board  by  majority  vote  in  Minneapolis  Steel  & 
Machinery  Co.,  46,  4/11/19 ;  in  St.  Paul  Foundry  Co.,  570,  4/11/19 ;  and  in 
American  Hoist  &  Derrick  Co.,  St.  Paul,  Minn.,  571,  4/11/19. 

70  cents:  umpire's  award  in  Parsons  Co.,  Newton,  Iowa,  831,  4/9/19. 

65  cents:  Waynesboro,  Pa.,  cases,  40.  7/11/18;  Molders,  Ridgway,  Pa.,  349, 
12/20/18;  Molders,  Williamsport,  Pa..  355,  12/20/18;  umpire's  award  in 
Chambersburg,  Pa.,  cases,  371,  3/11/19. 

#5.75  per  8-hour  day:  umpire's  award  in  Iron  Molders,  Elizabeth,  N.  J.,  160, 
12/17/18. 

$5.64  per  8-hour  day:  umpire's  award  in  Baker  Manufacturing  Co.,  Sara- 
toga Springs,  N.  Y.,  Davison-Namack  Foundry  Co.,  Ballston  Spa,  N.  Y., 
403,  4/8/19. 

$5.80  per  9-hour  day:  Pero  Foundry  Co.,  Worcester,  Mass.,  757,  3/26/19. 

$5.64  per  9-hour  clay:  umpire's  award  in  Rochester  Founders,  Inc.,  Rochester, 
N.  Y.,  474,  3/6/19. 

for  blacksmiths, 

75  cents:  National  Refining  Co.,  Coffeyville,  Kans.,  .97,  8/28/18. 

6*5  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Chambers- 
burg,  Pa.,  cases,  37 1,  3/11/19;  by  agreement  in  New  York  Central  Iron 
Works  Co.,  Hagerstown,  Md.,  297,  9/26/18. 

60  cents:  Pollak  Steel  Co.,  Carthage,  Cincinnati,  Ohio,  102,  8/21/18. 

55  cents:  Sloss-Sheffield  Steel  &  Iron  Co.,  Birmingnam,  Ala.,  12,  7/31/18. 

Blacksmith's  helper,  45  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  Pollak 
Steel  Co.,  Carthage,  Cincinnati,  Ohio,  102,  8/21/18;  umpire's  award  in 
Chambersburg,  Pal,  cases,  371,  3/11/19.  See  also  reference  to  National 
Refining  Co.  award  under  "  Machinists'  helpers." 

for  boilermakers, 

72  cents:  umpire's  award  in  Worthington  Pump  &  Machinery  Corporation, 
Cudahy,  Wis.,  163,  12/20/18. 

60  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Cham- 
bersburg, Pa.,  cases,  371,  3/11/19. 

Boilermaker  socialists,  55  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18; 
umpire's  award  in  Chambersburg,  Pa.,  cases,  371,  3/11/19. 


REPORT  SECRETARY  NATIONAL   V/AR  LABOR  BOARD;   '          101 

Helpers,  49  cents:  umpire's  award  in  Worthington  Pump  &  Machinery  Corpo- 
ration, Cudahy,  Wis.,  163,  12/20/18.  45  cents:  Waynesboro,  Pa.,  cases,  40, 
7/11/18 ;  umpire's  award  in  Chambersburg,  Pa.,  cases,  371,  3/11/19.  See 
also  reference  to  National  Refining  Co.  award  under  "  Machinists' 
helpers." 

and  for  kindred  trades; 

On  laborers  see  note  near  the  end  of  this  section.  On  various  other  metal- 
working  occupations  and  other  occupations  in  metal-working  plants  see 
Waynesboro,  Pa.,  cases,  40,  7/11/18 ;  Sloss-Sheffield  Steel  &  Iron  Co.,  12, 
7/31/18;  Pollak  Steel  Co.,  102,  8/21/18;  agreement  in  New  York  Central 
Iron  Works  Co.,  Hagerstown,  297,  9/26/18 ;  umpire's  award  in  Worthing- 
ton Pump  &  Machinery  Corp.,  Cudahy,  163,  12/20/18;  umpire's  award  in 
Chambersburg,  Pa.,  cases,  371,  3/11/19 ;  umpire's  award  in  National 
Marine  Engine  Co.,  674,  5/7/19;  layerouts  (76*  cents)  in  recommendations 
by  board  by  majority  vote  in  Minneapolis  Steel  &  Machinery  Co.,  46, 
4/11/19;  in  St.  Paul  Foundry  Co.,  570,  4/11/19;  and  in  American  Hoist 
&  Derrick  Co.,  571,  4/11/19;  ironworkers  in  Sexauer  &  Lemke,  857, 
1/15/19;  puddlers,  finishers,  etc.,  in  Reading  Iron  Co.,  416,  11/19/18, 
and,  with  416,  also  recommendations  in  419,  420,  421,  422,  422  a,  422  b. 

Wages  were  also  increased  in  cases  which  are  cited  in  section  entitled  Wage 
Increases  (p.  95). 

and  it  has  named  the  minimum  wages  to  be  paid  to  men  engaged  in 
other  occupations,  as  structural  iron  workers, 

85  cents:  umpire's  award  in  Bridge,  Structural,  and  Ornamental  Iron 
Workers  of  Kansas  City,  Mo.,  526,  5/9/19. 

and  bricklayers, 

$1.00:  recommended  in  Building  Trades  of  San  Antonio,  Tex.,  216,  1/30/19. 

In  Tri-City  Bricklayers'  Union,  Rock  Island,  111.,  .676,  2/11/19,  however, 
the  board  refused  to  alter  the  award  of  an  umpire  for  the  parties  who 
had  decided  in  favor  of  SI  I  cents  except  for  work  taken  before  1/1/18, 
which  should  be  finished  at  75  cents. 

See  also  Waynesboro,  Pa.,  cases,  40,  7/11/18 ;  umpire's  award  in  Chambers- 
burg,  Pa.,  cases,  371,  3/11/19. 

and  plumbers, 

93%  cents:  recommended  in  Building  Trades  of  San  Antonio,   Tex.,   216, 

1/30/19. 
Over  4  years  experience,  60  cents;  under  4  years  experience,  50  cents: 

Waynesboro,  Pa.,  cases,  40,  7/11/18 ;  umpire's  award  in  Chambersburg, 

Pa.,  cases,  371,  3/11/19. 

and  painters, 

75   cents:   recommended   in   Building   Trades   of   San   Antonio,   Tex.,   216, 

1/30/19. 

60  cents.:  Philadelphia  Painters,  230,  11/19/18. 
Over  4  years  experience,   60  cents;  under  4  years  experience,  50  cents: 

Waynesboro,  Pa.,  cases,  JtO,  7/11/18;  umpire's  award  in  Chambersburg, 

Pa.,  cases,  371,  3/11/19. 

and  carpenters, 

72%  cents:  National  Refining  Co.,  Coffeyville,  Kans.,  97,  8/28/18. 

50  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Chambers- 
burg, Pa.,  cases,  371,  3/11/19.  See  also  recommendation  in  J.  A.  Mc- 
Nulty,  Minneapolis,  Minn.,  261,  4/11/19,  by  vote  of  majority  of  board. 

48  cents:  Sloss-Sheffield  Steel  &  Iron  Co.,  Birmingham,  Ala.,  12,  7/31/18. 

80  cents  for  employees  engaged  on  ship-joinery  and  mill  work  for  ships 
being  built  under  control  of  Emergency  Fleet  Corporation;  Philadelphia 
Carpenters,  315,  11/19/18. 

and  metal  lathers, 

87*  cents:  recommended  in  Building  Trades  of  San  Antonio,  Tex.,  216, 
i/30/19. 


102          aiPOHT-SECLiLTARy,  NATIONAL  WAR  LABOR  BOARD. 


and  coopers, 

65  cents:  Sinclair  Refining  Co.,  Coffeyville,  Kans,,  395,  11/20/13. 
55  cents:  National  Refining  Co.,  Coffeyville.  Kans.,  97,  8/28/18.     This  was 
raised  by  the  company  to  65  cents:  see  discussion  in  305. 

and  car  coopers, 

55  cent*:  Recommendation  in  J.  A.  McNulty,  Minneapolis,  Minn.,  261, 
4/11/19,  by  vote  of  majority  of  board. 

and  electrical  workers, 

First  class,  67%  rents;  second  class,  621  cents;  helpers,  40  cents:  Bethlehem 

Steel  Co.,  Bethlehem,  Pa.,  22,  7/31/18. 
Electricians,  72  cents;  helpers,  49  cents:  umpire's  award  in  Worthington 

Pump  and  Machinery  Corporation,  Cudahy,  Wis.,  163,  12/20/18. 
Electricians,  over  4  years  experience,  60  cents;  under  4  years  experience, 

50  cents:  Waynesboro,  Pa.,  cases.  ^0,  7/11/18;  umpire's  award  in  Cham- 

bersburg,  Pa.,  cases,  371,  3/11/19. 
Linennen,  70  cents:  Northern  Indiana  Gas  &  Electric  Co.,  Hammond,  Ind., 

45,  11/22/18  :  Erie  Lighting  Co.,  Erie,  Pa.,  133,  11/22/18. 
Linemen,  56%  cents;  substation  opera  tws.  $90.00  per  month:  United  Gas  & 

Electric  Co.,  New  Albany,  Ind.,  725,  3/4/19. 
Journeymen  electrical  workers,  75  cents:  Intel-mountain  Power  Co.,  Spokane, 

Wash.,  440,  11/22/18. 
In  Electrical  Workers  of  Municipal  Gas  Co.,  Albany,  N.  Y.,  1041,  4/30/19, 

the  award  fixed  wages  for  electrical  workers  in  various  occupations,  in- 

cluding cable  splicers,  $5.75  to  $GJtO  per  flay  ;  line  foremen,  $6.00  per  day; 

linemen,  $5*50  per  clay  ;  linemen  apprentices,  $4-50  per  clay.    The  day  was 

of  nine  hours. 
In  San  Joaquin  Light  £  Power  Co.,  Taft,  Calif.,  368,  1/16/19,  the  Federal 

Oil  Board  of  California  had  established  rates  for  electrical  workers  based 

on  experience,  and  the  War  Labor  Board  approved  that  award  as  it  felt 

that  .journeymen  electrical  workers  should  have  four  years'  experience 

before  receiving  $7  for  eight  hours'  work  (874  cents  per  hour). 

and  laborers, 

45  cents:  Corn  Products  Refining  Co.,  130,  11/21/18. 

42  cents:  recommended  in  Crown  Cork  &  Seal  Co.,  Baltimore,  Md.,  830, 
2/11/19;  recommended  by  board  by  majority  vote  in  Minneapolis  Steel 
&  Machinery  Co.,  46,  4/11/19:  in  St.  Paul  Foundry  Co.,  570,  4/11/19; 
and  in  American  Hoist  &  Derrick  Co.,  St.  Paul,  Minn.,  571,  4/11/19. 

40  cents:  Waynesboro,  Pa.,  cases,  40,  7/11/18;  Pollak  Steel  Co.,  Carthage, 
Cincinnati,  Ohio,  102,  8/21/18;  umpire's  award  in  Chambersburg.  Pa., 
cases,  371,  3/11/19;  umpire's  award  in  National  Marine  Engine  Co., 
Scranton,  Pa.,  674,  5/7/19.  See  also  Commonwealth  Steel  Co.,  Granito 
City,  111.,  472,  11/9/18;  Carpenter  Steel  Co.,  Reading,  Pa.,  913.  2/12/10. 

58  cents:  Sloss-Sheffield  Steel  &  Iron  Co.,  Birmingham,  Ala..  12,  7/31/18. 

37  cents:  recommended  in  Florida  Fertilizer  Manufacturers,  6SO,  2/18/19, 
by  vote  of  majority  of  board. 

30  cents:  recommended  in  Building  Trades  of  San  Antonio,  Tex.,  .?.">, 
1/30/19. 

Building  trade  laborers,  55  cents:  Hod  Carriers'  Union,  104,  1/15/19.  This 
rate  was  being  paid  to  unskilled  and  semi-skilled  laborers  by  way  of 
compromise  pending  the  decision  of  the  board  and  the  board  decided  that 
it  should  remain  in  force. 

and  in  other  lines  of  work, 

Paper  makers:  Newsprint  Paper,  35,  6/27/18,  sup.,  1/28/19. 

Teamsters,  etc.:  Sloss-Sheflield  Steel  &  Iron  Co.,  12,  7/31/18;  Waynesboro, 

Pa.,  cases,  40,  7/11/18;  umpire's  award  in  Chambersburg,  Pa.,  cases,  37  /, 

3/11/19;  Municipal  Gas  Co.,  1041,  4/30/19. 
Laundry  workers:  Little  Rock,  Ark.,  Laundries,  233,  11/9/18. 
Clerical  workers:  General  Electric  Co.,  Schenectady,  127  sup.,  11/22/18. 
Storeroom  clerks  and  timekeepers,  52  cents:  recommended  by  board  by 

majority   vote  in  Minneapolis   Steel  &   Machinery   Co.,   46,   4/11/19;   in 

St.  Paul  Foundry  Co.,  570.  4/11/19;  and  in  American  Hoist  £  Derrick 

Co.,  571,  4/11/19. 


REPORT  SECRETARY   NATIONAL   WAR   LABOR   BOARD.  103 

Fire  fighters:  Fire  Fighters  of  Jackson,  Miss.,  7^7,  3/26/19. 

Meat  ("litter*,  $25.00  per  week;  grocery  clerks  and  rfr/rer.v,  $23.00  per  week: 
Meat  Cutters  of  East  St.  Louis,  111.,  829,  3/4/19. 

Variom  employees  of  the  National  Refining  Co.,  .97,  8/28/18;  Corn  Prod- 
ucts Refining  Co.,  .130,  11/21/18;  Waynesboro,  Pa.,  40,  7/11/18;  Crown 
Cork  &  Seal  Co.,  830,  2/11/19;  Chambersburg,  Pa.,  37.1,  3/11/19.  In 
830  there  was  simply  a  recommendation.  See  also  Commonwealth  Steel 
Co.,  472.  11/9/18.  Wages  were  also  increased  in  cases  which  are  cited 
in  section  entitled  Wage  Increases  (p.  95). 

The  board  has  also  named  minimum  wages  to  be  paid  to  women 
who  were  engaged  in  particular  occupations. 

Clerical  workers  aged  IS  or  over,  $16.50  per  week,  (about  84  cents  per 

hour)  :  General  Electric  Co.,  Schenectady,  N.  Y.,  127  sup.,  11/22/18. 
Cashiers  and  other  female  help,  $15.00  per  week:  Meat  Cutters  or  Enst 

St.  Louis,  111.,  829,  3/4/19. 
$10.50  per  ireek  for  scrub  -women  who  worked  two  and  a  half  hours  early 

in  the  morning  and  two  and  a  half  hours  early  in  the  evening:  General 

Electric  Co.,  Schenectady,  N.  Y.,  127,  7/31/18. 
See  also  under  Street  railway  cases,  section  on  Minimum  Wages  for  Other 

Employees,  concerning  minimum  wages  for  women    (p.  111). 

PROVISIONS  FOR  MORE  OR  LESS  THAN  MINIMUM  RATES*. 

Moreover,  it  has  established  higher  rates  for  overtime  work. 

Under  title  of  Hours  of  Labor  see  section  on  Payment  for  Overtime  (p.  80). 
for  night  work, 

5  per  cent  hiahcr  than  da]/  work:  General  Electric  Co.,  Pittsfield,  10, 
7/31/18;  General  Electric  Co.,  Schenectady,  127,  7/31/18;  Pollak  Steel  Co., 
102,  8/21/18 ;  umpire's  award  in  Worthington  Pump  &  Machinery  Corpora- 
tion, Cudahy,  163,  12/20/18;  umpire's  award  in  Madison  Machinists,  195, 
2/18/19;  Walworth  Manufacturing  Co.,  274,  3/6/19;  umpire's  award  in 
Chambersburg,  Pa.,  cases,  371,  a/12/19.  See  also  Machinists,  Philadel- 
phia, 400.  12/20/18;  Steacy-Sclimidt  Manufacturing  Co.,  45.',,  4/11/19; 
Lancaster,  Pa.,  cases,  873  to  877,  4/11/19. 

and  for  special  services, 

Under  title  Hours  of  Labor  (p.  79)  see  sections  on  Sundays  and  Holidays, 
Guarantee  of  Minimum  Number  of  Hours  (p.  84),  Payment  for  Overtime 
(p.  80),  Street  Railway  Hours  (p.  85).  Under  Street  Railway  Cases  see 
section  on  Provisions  for  More  or  Less  than  Minimum  Rates  (p.  112). 

In  Wharton  Steel  Co.,  7.98,  3/14/19,  the  board  awarded  50  cents  per  day 
extra  pay  to  men  while  they  were  engaged  in  sinking  shaft  or  winze. 

In  Carpenters  of  Denver,  Colo.,  538,  12/19/18,  the  workers  were  awarded 
nine  hours  pay  for  eight  hours  work  because  of  the  isolated  location  of 
the  operations  upon  which  they  were  employed. 

In  Louisville  Gas  &  Electric  Co.,  1050,  4/11/19,  workers  who  were  construct- 
ing a  transmission  line  from  Louisville,  Ky.,  to  a  camp  30  miles  distant 
were  awarded  payment  for  time  actually  spent  in  going  from  their 
homes  to  the  jobs  and  returning  from  their  jobs  to  their  homes. 

than  were  to  be  paid  for  the  usual  daily  work. 

On  the  other  hand,  it  has  provided  that  the  minimum  rates  estab- 
lished by  it  shall  not  apply  to  those  who,  by  reason  of  old  age  or 
permanent  physical  incapacity,  are  unable  to  perform  a  normal 
day's  work, 

St.  Louis  Car  Co.  //  a,  10/11/18;  Willys-Overland  Co.,  95.  10/11/18; 
Reading  Iron  Co.,  418,  11/19/18;  umpire's  award  in  Worthington  Pump 
&  Machinery  Corporation.  Cudahy,  163,  12/20/18;  umpire's  award  in 
Madison  Machinists,  195,  2/18/19 ;  umpire's  award  in  Chambersburg,  Pa., 
cases,  371,  3/11/19;  Machinists,  Hamilton,  Ohio,  978,  4/10/19;  recom- 
mendations in  the  following  cases:  Carpenter  Steel  Co.,  913,  2/12/19; 


104      REPOKT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

Steacy-Schmidt  Manufacturing  Co.,  454,  4/11/19;  Lancaster,  Pa.,  cases 
873  to  877,  4/11/19. 

or  to  inexperienced  beginners  or  apprentices  who  are  under  21  years 
of  age. 

St.  Louis  Car  Co.,  4  a,  10/11/18;  Willys-Overland  Co.,  95,  10/11/18; 
Standard  Wheel  Co.,  176,  10/25/18 ;  Little  Rock  Laundries,  233,  11/9/18 ; 
American  &  British  Manufacturing  Co.,  594,  2/12/19 ;  umpire's  award  in 
Chambersburg,  Pa.,  cases,  371,  3/11/19;  Machinists,  Hamilton,  Ohio, 
,978,  4/10/19.  See  also  General  Electric  Co.,  Pittsfield,  19,  7/31/18; 
Waynesboro,  Pa.,  cases,  40,  7/31/18;  General  Electric  Co.,  Schenectady, 
127,  7/31/18;  Bridgeport  Munition  Workers,  132,  8/28/18;  St.  Louis 
Coffin  Co.,  258,  11/19/18;  recommendations  in  Steacy-Schmidt  Manufac- 
turing Co.,  454,  4/11/19,  and  in  Lancaster,  Pa.,  cases,  873  to  877,  4/11/19. 
Minimum  rates  for  women  who  were  apprentices  or  new  employees  were 
established  in  Standard  Wheel  Co.,  176,  10/25/18.  See  also  the  pro- 
visions as  to  minimum  wages  for  women  in  section  on  Minimum  Wages 
for  Plant  (p.  97). 

So  also,  in  the  General  Electric  Co.,  Schenectady,  award, 

127,  7/31/18. 

the  board  established  a  lower  minimum  wage  for  scrub  women,  who 
worked  two  and  a  half  hours  early  in  the  morning  and  two  and  a 
half  hours  early  in  the  evening,  than  the  general  minimum  wage  for 
women  employees  in  the  plant. 

CLASSIFICATION. 

As  regards  machinists,  classification  has  been  granted  directly  in  a 
few  cases, 

Worthington  Pump  &  Machinery  Corporation,  East  Cambridge,  14, 
7/11/18,  sup.,  10/24/18 ;  Waynesboro,  Pa.,  cases,  40,  7/11/18 ;  by  agreement 
in  New  York  Central  Iron  Works  Co.,  Hagerstown,  297,  9/26/18 ;  umpire's 
award  in  Worthington  Pump  &  Machinery  Corporation,  Cudahy,  163, 
12/20/18;  Midvale  Steel  &  Ordnance  Co.,  129,  2/11/19;  umpire's  award 
in  Chambersburg,  Pa.,  cases,  371,  3/11/19 ;  A.  H.  Petersen  Manufacturing 
Co.,  320, •  3/14/19 ;  umpire's  award  in  National  Marine  Engine  Co.,  674, 
5/7/19;  recommendations  by  board  by  majority  vote  in  Minneapolis 
Steel  and  Machinery  Co.,  46,  4/11/19;  in  St.  Paul  Foundry  Co.,  570, 
4/11/19,  and  in  American  Hoist  &  Derrick  Co.,  57 1,  4/11/19. 

while  in  other  cases  it  has  been  granted  indirectly  by  basing  the 
awards  upon  awards  by  other  departments  of  Government  which  had 
granted  classification. 

Bethlehem  Steel  Co.,  22,  7/31/18 ;  Philadelphia  Machinists,  400,  12/20/18. 
See  also  umpire's  award  in  Worthington  Pump  &  Machinery  Corporation, 
Cudahy,  163,  12/20/18. 

In  certain  other  cases  the  board  has  referred  the  question  to  com- 
mittees which  were  created  under  the  auspices  of  the  board. 

Newsprint  Paper,  95,  6/27/18,  sup.,  7/26/18,  sup..  1/28/19;  Bridgeport  Mu- 
nition Workers,  132  Interpretation,  9/4/18;  St.  Louis  Coffin  Co.,  2,58, 
11/19/18 ;  Aroostook  Paper  Co.,  21  a,  1/15/19 ;  B.  F.  Sturtevant  Co.,  393, 
1/30/19. 

PIECEWORK  AND  BONUS. 

The  board  has  repeatedly  refused  to  abolish  the  piecework  system. 

Waynesboro  cases,  40,  7/31/18;  St.  Louis  Coffin  Co.,  258,  11/19/18;  Wai- 
worth  Manufacturing  Co.,  274,  3/6/19;  umpire's  award  in  Chambers- 


KEPORT  SECRETARY   NATIONAL   WAR  LABOR  BOARD.  105 

burg  cases,  577,  3/11/19.     See  also  recommendations  in  Kmerson-Brant- 
ingham  Co.,  Batavia,  111.,  106,  1/29/19,  and  in   Uussell  Motor  Car  Co., 
122,  3/4/19. 
It  has,  however,  provided  for  the  revision  of  piece  rates ; 

Bethlehem  Steel  Co.,  22,  7/31/18:  St.  Louis  Car  Co.,  J,  a,  10/11/18;  Corn 
Products  Refining  Co.,  130,  11/21/18;  Walworth  Manufacturing  Co.,  274, 
3/6/19.  See  also  St.  Louis  Coffin  Co.,  258,  11/19/18. 

In  274  it  was  recommended  that  "  piece-rate  workers  be  guaranteed  the 
minimum  hourly  rate  for  time  lost  in  waiting  for  materials,  etc.,  due  to 
circumstances  beyond  the  worker's  control."  Consider  also  22  on  this 
point. 

it  has  sometimes  increased  those  rates; 

General  Electric  Co.,  Pittsfield,  19,  7/31/18 ;  General  Electric  Co.,  Schenec- 
tudy,  127,  7/31/18;  Molders,  Warren,  Ohio,  437,  1/8/19;  Wilkesbarre 
cases,  638,  2/20/19. 

In  Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  in  St.  Paul  Foundry 
Co.,  570,  4/11/19;  and  in  American  Hoist  &  Derrick  Co.,  57.?,  4/11/19,  the 
readjustments  recommended  did  not  apply  to  piece  rates. 

and  it  has  provided  that  there  should  be  no  reductions  in  earnings  by 
reason  of  the  award, 

Bethlehem  Steel  Co.,  22,  7/31/18 ;  Corn  Products  Refining  Co.,  130,  11/21/18 ; 
Madison  Machinists,  195,  2/20/19.  See  also  Midvale  Steel  &  Ordnance 
Co.,  129,  2/11/19;  Minneapolis  Steel  &  Machinery  Co.,  46,  4/11/19;  St. 
Paul  Foundry  Co.,  570,  4/11/19;  American  Hoist  &  Derrick  Co.,  511, 
4/11/19. 

and  no  reduction  in  piece  rates  during  the  w  ar. 

General  Electric  Co.,  Pittsfield,  19,  7/31/18;  Bethlehem  Steel  Co.,  22, 
7/31/18.  No  reduction  during  the  war  "  except  by  mutual  agreement 
through  representative  conferences  on  the  basis  of  collective  bargaining 
between  the  parties  to  whom  this  award  applies:"  St.  Louis  Car  Co.,  4  a. 
10/11/18. 

Where  minimum  wages  have  been  established  in  a  plant  their  pro- 
tection has,  of  course,  extended  to  the  piece-rate  workers. 

St.  Louis  Car  Co.,  4  «,  10/11/18 ;  Midvale  Steel  &  Ordnance  Co.,  129,  2/11/19 ; 
Madison  Machinists,  195,  2/18/19;  Wilkesbarre  cases,  638,  2/20/19 ; 
umpire's  award  in  Chambersburg  cases,  371,  3/11/19.  See  also  Bethlehem 
Steel  Co.,  22,  7/31/18;  recommendation  in  Emerson-Brantinghain  Co., 
Batavia,  111.,  106,  1/29/19.  It  is  recommended  that  "  piece-rate  workers 
be  guaranteed  the  minimum  hourly  rate  for  time  lost  in  waiting  for  ma- 
terials, etc.,  due  to  circumstances  beyond  their  control :"  Walworth  Manu- 
facturing Co.,  274,  3/6/19. 

It  has  provided  that  "  In  the  fixing  of  piece  rates  provision  should 
be  made  for  overtime  payment  such  as  is  now  made  in  the  case  of 
time  workers." 

Bethlehem  Steel  Co.,  22,  7/31/18. 

';  In  calculating  the  overtime  rate  for  piecework,  the  piece  rate  shall 
be  used  as  a  basis  and  not  the  day  rate.  Provided,  That  this  change 
from  former  practice  shall  be  found  by  the  supervising  examiner  to 
be  impracticable  or  subject  to  abuse,  he  may  direct  a  return  to  former 
practice  and  fix  adequate  proportionate  day  rates  upon  which  all 
overtime  shall  be  calculated." 

General  Electric  Co.,  Schenectady,  127',  7/31/18. 


106      KEPORT  SECRETARY  ^ATIO^AL  WAR  LABOR  BOARD, 

In  some  cases  it  has  held  that  "  all  bonuses  now  paid  by  the  com- 
pany shall  be  considered  wages  in  computing  the  amount  of  increase 
due  each  employee ;  " 

General  Electric  Co.,  Schenectady,  127  sup.,  11/22/18.  See  also  127, 
7/31/18.  "  In  estimating  present  day  and  piece  rates  the  12}  per  cent 
bonus  and  the  2£  per  cent  attendance  bonus  shall  be  continued  and  re- 
garded as  wages :  "  General  Electric  Co.,  Pittsliekl,  19,  7/31/18. 

•while  in  other  cases  in  which  it  has  granted  increases  in  rates  it  has 
decided  that  "  all  bonus  and  premium  payments  heretofore  in  effect 
may  be  abolished  by  the  company." 

Reading  Iron  Co.,  416,  11/10/18.  See  also  Bethlehem  Steel  Co.,  22,  7/31/18; 
Machinists,  Philadelphia.  400.  12/20/18;  Madison  Machinists,  7.r>.7, 
2/18/19.  In  Bethlehem  Steel  Co.  the  board  criticized  the  bonus  system 
in  operation  in  the  plant  and  declared  that  it  should  be  entirely  revised 
or  eliminated.  Compare  Waynesboro,  Pa.,  cases,  40,  7/31/18,  where  tho 
request  of  the  employees  that  all  piecework  and  premium  work  be  abol- 
ished was  denied. 

In  Union  Carbide  Co.,  174,  1/15/19,  where  the  company  had  been  giving  to 
punctual  employees  an  attendance  bonus  which  amounted  to  60  hours 
pay  for  55  hours  work,  the  board  increased  the  hourly  rate  10  per  cent 
but  provided  that  the  hours  of  labor  should  "  continue  MS  at  present  " 
and  that  "  The  production  and  attendance  bonuses  earned  by  the  em- 
ployees are  not  to  be  computed  as  a  part  of  the  basic  rate.  From  and  after 
the  date  of  this  award,  it  is  optional  with  the  company  as  to  the  contin- 
uance of  the  attendance  and  production  bonuses.''  See  further  on  this 
case  in  section  entitled  Other  Awards  on  Hours  (p.  76). 

"The  Section  decides  that  if  the  bonus  paid  over  and  above  the  WM «.;••• 
scale  agreed  to  by  the  employers  and  employees  was  a  voluntary  con- 
tribution to  the  men  on  the  part  of  the  companies,  and  in  making  this 
contribution  or  bonus  the  employers  stated  that  it  was  to  continue  until 
further  notice,  the  workmen  are  not  entitled  to  the  bonus  in  addition  to 
the  wage  award  made  by  the  National  War  Labor  Board  unless  the  em- 
ployers desire  to  continue  it  as  a  voluntary  act  as  was  done  prior  to  this 
dispute  arising.  The  Section  also  finds  on  account  of  the  notices  posted 
by  the  employers  that  the  bonus  would  continue  until  further  notice, 
that  they  are  morally  bound  to  pay  this  bonus  to  the  men  until  such 
notice  is  given  to  the  men  of  the  discontinuance,  and  that  no  part  of  tho 
bonus  shall  be  deducted  from  the  wages  of  the  men  or  the  retroactive 
money  that  was  earned  and  due  the  ir.en  by  the  award :  "  Newsprint 
Paper,  35,  Tntrrpretation,  7/26/18. 

"The  award  of  the  National  War  Labor  Board  neither  deals  with  nor 
recognizes  bonuses,  or  other  forms  of  gratuities,  as  constituting  part  of 
the  minimum  wage  scale  adopted  as  the  basis  for  establishing  uniform 
wages  for  the  classifications  enumerated  in  the  mills.  Any  bonus  or 
gratuity  paid  by  the  International  Paper  Company  or  by  any  other  mil} 
shall  be  wholly  disregarded  in  the  computation  of  the  arrears  of  wages 
accruing  to  employees  under  the  award :  "  Newsprint  Paper,  35,  Deci- 
sion of  Unwiw.,  1/28/19. 

TIME  AND  MANNER  OF  PAYMENT. 

A  few  of  the  awards  and  recommendations  deal  with  the  time  and 
the  manner  of  paying  the  workers.  Thus,  it  has  been  decided  that 
payment  should  be  made  weekly, 

Waynesboro,  Pa.,  cases,  40,  7/11/18;  Northern  Indiana  Gas  &  Electric  Co., 
45,  11/22/18;  by  agreement  in  (lorn  Products  Refining  Co.,  ISO,  11/21/18; 
recommendations  in  Steacy-Schmidt  Manufacturing  Co.,  454>  4/11/19,  and 
in  Lancaster,  Pa.,  cases,  873,  4/11/19. 


REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD.  107 

upon  company's  time, 

Waynesboro,  Pa.,  cases,  J/0,  7/11/18 ;  recommendations  in  Steacy-Schmidt 

Manufacturing    Co.,    //J//,    4/11/10,    and    in    Lancaster,    Pa.,    cases,    873, 
4/11/19. 

and  that  no  more  than  two  days'  pay, 

Recommendations  in  Steacy-Schmidt  Manufacturing  Co.,  Jt5-'t,  4/11/19,  and 
in  Lancaster,  Pa.,  cases,  875,  4/11/19. 

or  three  days'  pay, 

Waynesboro,  Pa.,  cases,  40,  7/11/18. 
should  be  retained ;  while  in  one  case 

St.  Louis  Car  Co.,  Jfa,  10/11/18. 

the  parties  agreed  upon  semimonthly  pay  days  and  cash  payments 
and  this  agreement  was  made  a  part  of  the  award.  On  the  other 
hand,  in  Tennessee  Copper  Co. 

1028,  4/10/19. 

the  pay  days  were  fixed  by  State  law  and  no  change  was  recom- 
mended by  the  board. 

In  several  cases  the  board  has  recognized  the  right  of  employees 
to  necessary  expenses  when  sent  away  from  their  home  stations ; 

National  Refining  Co.,  97,  8/28/18;  Sinclair  Refining  Co.,  39J,  11/20/18; 
Spokane  &  Inland  Empire  Railroad  Co.,  503,  3/27/19.  Compare  Montana 
Power  Co.,  583,  2/13/19.  503  and  583  deal  specifically  with  board  and 
lodging. 

but  it  has  also  sustained  the  practice  of  companies  which  maintained 
camps  in  charging  the  men  in  those  camps  definite  sums,  which  were 
passed  upon  by  the  board  and  approved  by  it  as  reasonable,  for 
board  and  lodging;  t 

See  citations  in  section  on  Protecting  Health  and  Safety  of  Workers 
(p.  67). 

and  the  joint  chairmen  as  arbitrators  approved  of  definite  deduc- 
tions from  wages  in  order  to  supply  a  physician  and  to  maintain  a 
school. 

Sloss-Sheffield  Steel  £  Iron  Co.,  12,  7/31/18.  The  company  charged 
against  the  employees  $1.00  per  month  for  a  physician  and  50  cents  per 
month  for  the  maintenance  of  a  school.  "  The  arbitrators  find  that 
under  the  conditions  prevailing  in  the  neighborhood  this  is  practically 
the  only  way  of  securing  medical  service  and  proper  educational 
facilities.  The  obligation  upon  the  company  to  select  a  physician  with 
care  and  to  see  to  the  proper  administration  of  the  school  fund  thus 
created  is  obvious  and  should  be  strictly  fulfilled.  The  arbitrators  do 
not  find  the  charge  for  a  physician  is  unreasonable,  if  proper  medical 
service  is  rendered.  The  total  sum  collected  from  all  employees  should 
secure  a  competent  physician  and  surgeon  and  proper  medical  equip- 
ment. Indeed,  the  establishment  of  a  small  hospital,  it  seems  to  the 
arbitrators,  would  not  be  unreasonable." 

In  the  case  last  cited,  however,  it  was  necessary  to  direct  the 
discontinuance  of  the  practice,  admitted  by  the  company  to  exist, 
under  which  20  per  cent  discount  had  been  exacted  from  advances 
to  employees. 

"It  is  hoped  that  the  increase  in  wages  herein  allowed  will  prevent  tho 
necessity  of  frequent  applications  for  these  advances,  but,  if  made,  no 
discount  should  be  charged." 


108  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

QUESTIONS  REFERRED  TO  COMMITTEES. 

We  have  already  seen  that  in  a  number  of  instances  the  board  has 
]eft  problems  concerning  wages  to  collective  bargaining  between  the 
parties. 

Under  Right  to  Organize  see  section  on  Duties  of  Committees  (p.  61). 

To  such  action  it  has  at  times  committed  such  problems  as  classi- 
fication, minimum  rates,  wage  scales,  payment  for  overtime,  pay- 
ment for  special  services,  and  payment  of  less  than  established  mini- 
mum rates  to  persons  physically  incapacitated  or  to  some  beginners. 

For  example,  in  Carpenter  Steel  Co.,  913,  2/12/19,  it  said,  "  The  product  of 
the  establishment  involves  such  varied  and  complicated  operations,  and 
consequent  multitudinous  schedules,  an  equitable  adjustment  of  the  wages 
of  all  employees  involved  can  be  accomplished  only  by  conference  between 
the  management  and  the  committees  above  contemplated,  who  are  alone 
familiar  with  all  the  conditions,  and  the  board  finds  that  wages  shall 
be  adjusted  by  conferences  between  the  management  and  such  committees 
of  employees." 

III.  STREET  II  AIL  WAY  CASES. 
MOTORMEN  AND  CONDUCTORS. 

The  wages  awarded  to  motprmen  and  conductors  by  the  board  or 
by  the  joint  chairmen  as  arbitrators  have  ranged  from  36  cents  for 
the  first  three  months  of  service,  38  cents  for  the  next  nine  months 
and  40  cents  thereafter  up  to  an  award  of  61  cents,  63  cents  and  65 
cents  for  similar  periods  of  service.     The  lowest  awards  were  for 
southern  lines,  while  the  highest  award  was  for  Butte,  Montana. 
First  three  months,  36  cents:  next  nine  months,  38  cents:  thereafter,  £0 
cents:   Memphis    Street   Railway    Co.,    Memphis,    Tenn.,   205,   10/24/18; 
Charleston  Consolidated  Railway  &  Lighting  Co.,  Charleston,  S.  C.,  695, 
11/20/18;   Georgia  Railway  &  Power  Co.,  Atlanta,  Ga.,   159,  12/5/18; 
Knoxville  Railway  &  Light  Co.,  Knoxville,  Tenn.,  251,  1/15/19. 
38  cents,  40  cents,  42  cents:  Joplin  &  Pittsburg  Railway  Co.,  Joplin,  Mo., 
and  Pittsburg,  Kans.,  23,  7/31/18;  Cleveland,  Southwestern  &  Columbus 
Railway  Co.,  Elyria,  Ohio,  157,  7/31/18 ;  New  Orleans  Light  &  Power  Co., 
Hew  Orleans,  La.,  98,  7/31/18,  10/24/18;  Galesburg  Railway,  Lighting  & 
Power  Co.,  Galesburg,  111.,  109,  7/31/18,  109  sup.,  12/5/18 ;  Pennsylvania- 
New  Jersey  Railway  Co.,  Trenton,  N.  J.,  131,  7/31/18;  Cleveland  &  East- 
ern Traction  Co.,  Cleveland,  Ohio,  167,  7/31/18 ;  Cleveland,  Painesville  & 
Eastern  Railroad   Co.,   Cleveland,   Ohio,  193,  7/31/18;   Kansas   City  & 
Western  Railway  Co.,  Leaven  worth,  Kans.    (city  limits),  93,  10/24/18; 
Auburn  &  Syracuse  Electric  Railroad  Co.,  Auburn,  N.  Y.  (city  lines),  203, 
11/20/18;  Syracuse  Suburban  Railway  Co.,  279,  11/21/18;  Empire  State 
Railroad  Corporation,  Syracuse,  N.  Y.   (city  lines),  289,  11/21/18;  Cin- 
cinnati, Milford  &  Loveland  Traction  Co.,  Cincinnati,  Ohio,  410,  11/22/18 ; 
Ottumwa  Railway  &  Light  Co.,  Ottumwa,  Iowa,  268,  12/5/18;  Toledo, 
Bowling  Green  &  Southern  Traction  Co.,  Findlay,  Ohio  (city  lines),  527, 
12/5/18;    Ohio  Electric   Railway   Co.,   Lima   City   Lines,   296,  1/15/19; 
Ohio  Electric  Railway  Co.,  Zanesville  Lines,  627  a,  Newark  Lines  (as  to 
city  lines),  627  c,  1/15/19;  St.  Joseph  Railway,  Light,  Heat  &  Power  Co., 
St.  Joseph,  Mo.,  950,  2/4/19 ;  recommendation  in  Louisville  &  Northern 
Railway  &  Lighting  Co.,  New  Albany,  Incl.    (as  to  motormen  on  city 
lines),  555,  4/10/19. 
38  cents,  40  cents,  43  cents:  Toledo,  Bowling  Green  &  Southern  Traction 

Co.,  Findlay,  Ohio  (interurban  lines),  527,  12/5/18. 

$9  cents,  41  cents,  43  cents:  Lewiston,  Augusta  &  Waterville  Street  Railway 
Co.,  Augusta,  Me.,  448,  11/20/18;  Cleveland  &  Erie  Traction  Co.,  Girard, 
Pa.  (an  interurban  line),  631,  2/4/19. 


REPORT  SP:CRETARY  NATIONAL  WAR  LABOR  BOARD.          109 

41  cents,  42  cents,  43  cents,  established  by  the  company  after  the  hearing  be- 
fore the  examiner,  declared  by  the  board  to  be  a  just  wage:  Reading 
Transit  &  Light  Co.,  Norristown  Division,  Reading,  Pa.,  550,  2/4/19. 

41  cents,  4$  cents,  4$   cents:  Scran  ton   Railway   Co.,   Scranton,   Pa.,   42, 
7/31/18;  East  St.  Louis  Lines,  East  St.  Louis,  111.,  43,  7/31/18;  Schenec- 
tady  Railway  Co.,  Schenectady,  N.  Y.,  44,  7/31/18;  Evanston  Railway 
Co.,  Evanston,  111.,  59  c,  7/31/18;  Public  Service  Railway  Co.,  Newark, 
N.  J.,  69,  7/31/18;  New  York  State  Rys.   (Rochester,  Syracuse,  Utica), 
120,  7/31/18;  Columbus  Railway,  Power  &  Light  Co.,  Columbus,  Ohio, 
146,  7/31/18 ;  Omaha  &  Council  Bluffs  Street  Railway  Co.,  Omaha,  Neb., 
154,    7/31/18;    Kansas    City    &    Western    Railway    Co.,    Leavenworth, 
Kans.   (internrban),  93,  10/24/18;  Dayton  Street  Railway  Co.,  Dayton, 
Ohio,  150,  10/24/18;  Philadelphia  Railways  Co.,  Philadelphia,  Pa.,  442, 
10/24/18 ;  East  St.  Louis,  Columbia  &  Waterloo  Railway,  East  St.  Louis, 
111.,  175,  11/20/18;   Cumberland  County  Power  &  Light  Co.,  Portland, 
Me.,  432,  11/20/18;  Syracuse  Northern  Electric  Railway,  246,  11/21/18; 
Empire  State  Railroad  Corporation,  Syracuse,  N.  Y.   (interurban  lines), 
289, 11/21/18 ;  Cincinnati,  Lawrenceburg  &  Aurora  Electric  Street  Railroad 
Co.,  Cincinnati,  Ohio,  407,  11/22/18 ;  Cincinnati  &  Columbus  Traction  Co., 
409,  11/22/18;  Bay  State  Street  Railway  Co.,  Boston,  Mass.,  634,  12/4/18; 
Buffalo  &  Lake  Erie  Traction  Co.,  Erie,  Pa.,  628,  12/5/18 ;  Ohio  Electric 
Railway  Co.,  Lima  Interurban  Lines,  627,  Springfield  Interurban  Lines, 
627  &,  Newark  Lines  (as  to  interurban  lines),  627  c,  1/15/19;  Louisville 
Railway  Co.,  Louisville,  Ky.,  414>  2/4/19 ;  recommendations  in  the  follow- 
ing cases :  Spokane  &  Inland  Empire  Railroad  Co.,  503,  3/27/19 ;  Pacific 
Electric  Railway  Co.,  Los  Angeles,  Calif,  (as  to  city  street  car  passenger 
service),  214,  4/9/19;   Louisville  &  Northern  Railway  &  Lighting  Co., 
New  Albany,  Ind.    (as  to  interurban  lines),  555,  4/10/19;  Los  Angeles 
Railway  Corporation,  Los  Angeles,  Calif.,  753,  4/10/19. 

42  cents,  44  cents,  Jt6  cents:  Louisville  Interurban  Railway  Co.,  414  a, 
2/4/19;  Pacific  Gas  &  Electric  Co.,  Sacramento,  Calif.,  1125,  4/10/19. 

42  cents,   44   cents,  47   cents:  Boston   &  Worcester   Street   Railway   Co., 
Framingham,  Mass.,  851,  1/15/19. 

43  cents,  46  cents,  48  cents:  Cleveland  Railway  Co.,  Cleveland,  Ohio,  31, 
7/31/18;  Detroit  United  Railway  Co.,  Detroit,  Mich.,  32,  7/31/18;  Chi- 
cago Surface  Lines,  Chicago,  111.,  59  a,  7/31/18 ;  Chicago  &    West  Towns 
Railway  Co.,   Chicago,   111.,  59   I),  7/31/18;   International  Railway  Co., 
Buffalo,  N.  Y.,  152,  7/31/18;  Rhode  Island  Co.,  Providence,  R.  I.,  180, 
10/2/18;    Boston   Elevated  Railway   Co.,   Boston,   Mass.,  181,   10/2/18; 
Kansas  City  Railways  Co.,  Kansas  City,  Mo.,  and  Kansas  City,  Kans., 
265,  10/24/18;  Denver  Tramway  Co.,  Denver,  Colo.,  173,  11/20/18;  Cin- 
cinnati Traction  Co.,  Cincinnati,  Ohio,  408,  11/21/18;  by  agreement  in 
Washington  Railway  &  Electric  Co.,  Washington,  D.  C.,  1049,  3/25/19; 
San  Francisco-Oakland  Terminal  Railways    (as  to  Traction  Division), 
610,  4/10/19. 

43$  cents,  45$  cents,  47%  cents:  recommended  in  Pacific  Electric  Railway 
Co.,  Los  Angeles,  Calif,  (as  to  interurban  passenger  service),  214,  4/9/19. 

45  cents,  48  cents,  50  cents:  San  Francisco-Oakland  Terminal   Railways 
(as  to  Key  Division),  610,  4/10/19. 

46  cents,  J,8  cents,  5t)  cents:  Portland  Railway,  Light  &  Power  Co.,  Portland, 
Ore.,  72,  10/24/18. 

61  cents,  63  cents,  65  cents:  Butte  Electric  Railway  Co.,  Butte,  Mont.,  271, 
11/20/18. 

In  Savannah  Electric  Co.,  Savannah,  Ga.,  748,  12/17/18,  the  company  paid 
for  the  first  year  38  cents,  second,  39,  third,  40,  fourth,  41,  fifth  and  there- 
after, 42,  and  offered  to  substitute  a  \vage  of  first  three  months,  36 
cents,  next  nine  months,  38  cents,  and  thereafter,  40  cents,  if  the  men 
so  desired.  The  board  made  no  change  in  the  wage  scale. 

In  San  Diego  Electric  Railway  Co.,  San  Diego,  Calif.,  452,  4/10/19,  the 
company  paid  motormen  and  conductors  40  cents  for  the  first  year  and 
45  cents  thereafter.  The  board  approved  the  wages  and  suggested  no 
increase. 

The  rates  were  fixed  for  the  period  of  the  war  only,  and  therefore 
there  was  substituted  for  more  extended  graduation  of  rates  by  years 
a  shorter  period  for  the  increases. 


110  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

PERCENTAGE  INCREASES  FOR  OTHER  EMPLOYEES. 

When  the  wages  of  niotormen  and  conductors  have  been  increased 
the  same  percentage  of  increase  has  frequently  been  awarded  to 
other  employees  whose  claims  had  been  submitted'  for  adjudication; 

See  the  street  railway  cases  on  Minimum  wages ;  Philadelphia  Railways 
Co.,  442,  10/24/18 ;  and  cases  in  next  note. 

By  agreement  between  the  company  and  the  employees  the  award  in  Bay 
State  Street  Railway  Co.,  634,  12/4/18,  contains  this  unusual  provision, 
"  The  aggregate  wage  now  paid  to  each  classification,  other  than  motormeii 
and  conductors,  which  is  before  the  board  for  fixation,  shall  be  increased 
by  the  same  percentage  that  the  maximum  of  the  wage  scale  paid  to 
motormeii  and  conductors  is  increased  by  the  award,  and  this  aggregate 
amount  of  the  increases  is  to  be  distributed  among  the  individuals  in 
the  classification  by  agreement  of  the  joint  committee  of  the  employ  w< 
and  the  company  that  is  now  readjusting  the  classifications  and  the  rates 
therein,  and  in  case  of  failure  to  reach  an  agreement  the  matter  shall  be 
referred  to  the  board  for  settlement."  Immediately  after  this  award  the 
committee  reclassified  the  miscellaneous  employees.  There  had  been,  for 
instance,  about  20  different  rates  of  pay  per  hour  for  pitmen  and  even 
more  for  carpenters.  After  reclassification  there  were  only  two  rates  for 
pitmen  and  only  two  rates  for  carpenters. 

The  percentage  increase  in  New  Orleans  Railway  &  Light  Co.,  93,  7/31/13, 
was  changed  10/24/18  to  an  increase  of  10  cents  an  hour. 

but  in  the  more  recent  cases  in  making  such  percentage  increases  it 
is  expressly  stated  that  this  portion  of  the  award  does  "not  apply 
to  such  employees  who  are  already  receiving  union  craft  rates  nor 
operate  to  increase  wages  beyond  such  rates.'' 

Boston  Elevated  Railway  Co.,  181,  10/2/18:  Portland  Railway,  Light  & 
Power  Co.,  72,  10/24/18;  New  Orleans  Railway  &  Light  Co.,  ,98,  10/24/18; 
Dayton  Street  Railway  Co.,  150,  10/24/18;  Denver  Tramway  Co..  173, 
11/20/18 ;  Auburn  &  Syracuse  Electric  Railroad  Co.,  203,  11/20/18 ;  Cum- 
berland County  Power  &  Light  Co.,  432,  11/20/18;  Lewiston,  Augusta  & 
Waterville  Street  Railway  Co.,  448,  11/20/18 ;  Syracuse  Northern  Electric- 
Railway,  246,  11/21/18  ;  Rochester  &  Syracuse  Railway  Co.,  278,  11/21/18  ; 
Empire  State  Railroad  Corp.,  289,  11/21/18;  Cincinnati  Traction  Co., 
408,  11/21/18;  Cincinnati  &  Columbus  Traction  Co.,  409,  11/22/18;  Cin- 
cinnati, Milford  &  Loveland  Traction  Co.,  410,  11/22/18 ;  Bay  State  Street 
Railway  Co.,  634,  12/4/18;  Georgia  Railway  &  Power  Co.,  139,  12/5/18: 
Toledo,  Bowling  Green  &  Southern  Traction  Co.,  527,  12/5/18;  Buffalo 
&  Lake  Erie  Traction  Co..  628,  12/5/18;  Knoxville  Railway  &  Light  Co., 
251,  1/15/19;  Boston  &  Worcester  Street  Railway  Co.,  851,  1/15/19: 
Louisville  Railway  Co.,  414,  Louisville  Interurban  Railroad  Co.,  414.  a, 
2/4/19,  4/11/19;  St.  Joseph  Railway,  Light,  Heat  &  Power  Co.,  050, 
2/4/19.  See  also  Ohio  Electric  Railway  Co.,  Lima  Interurban  Lines,  627, 
Springfield  Interurban  Lines,  627  b,  Newark  Lines,  627  c,  1/1.1/19;  Lo.< 
Angeles  Railway  Corp.,  753,  4/10/19. 

On  this  point  compare  the  terms  of  the  award  in  New  Orleans  Railway  «?'-. 
Light  Co.,  98,  7/31/18,  with  the  reasons  given  for  revising  that  award 
10/24/18  and  the  terms  of  the  revised  award.  The  provision  quoted  in 
the  text  does  not  necessarily  call  for  the  raising  of  the  wages  of  the 
other  employees  up  to  the  union  craft  rates:  Appeal  from  Examiner's  In- 
terpretation, New  Orleans  Railway  &  Light  Co.,  ,08,  12/17/18. 

MINIMUM  WAGES  FOR  OTHER  EMPLOYEES. 

A  minimum  wage  lias  also  been  awarded  to  these  other  employees. 
It  has  usually  been  42J  cents  or  42  cents  per  hour. 

44    rents:    Portland    Railway,    Lighl    £    Power    Co.,    Portland.    Ore.,    72, 

10/24/18. 
42*  cent*:  Scranton  Railway  Co.,  Scranttm,  P.M.,  4--,  T/ol/'lS;  East  St.  Ixnii-i 

Lilies,  East  St.  Louis,  III,  43,  7/31/18;  Schenectady  Railway  Co.,  Schenec- 


REPORT   SECRETARY   NATIONAL,   WAR   LABOR   BOARD.  Ill 

tady.  N.  Y.,  .'/'/,  7/:il/1S;  Chicago  &  West  Towns  Railway  Co.,  Chicago, 
111.,  59  I,  7/31/18;  Evanston  Railway  Co.,  Evanston,  111.,  59  c,  7/31/18; 
New  York  State  Railways  (Rochester,  Syracuse',  Utica),  120,  7/31/18; 
Columbus  Railway.  Power  &  Light  Co.,  Columbus,  Ohio,  146,  7/31/18; 
International  Railway  Co.,  Buffalo,  N.  Y.,  153,  7/31/18;  Omaha  & 
Council  Bluffs  Street  Railway  Co.,  Omaha,  Neb..  154,  7/31/18;  Rhode 
Island  Co.,  Providence,  R.  I.,  180,  10/2/18;  Boston  Elevated  Railway 
Co.,  Boston.  Mass.,  181,  10/2/18;  Dayton  Street  Railway  Co.,  Dayton, 
Ohio,  150,  10/24/18;  Kansas  City  Railways  Co.,  Kansas  City,  Mo.,  and 
Kansas  City,  Kans.,  265.  10/24/18;  Detroit  United  Railway  Co.,  Detroit, 
Mich.,  32  sup.,  11/20/18;  Denver  Tramway  Co.,  Denver,  Colo..  173, 
11/20/18 :  East  St.  Louis,  Columbia  &  Waterloo  Railway,  East  St.  Louis, 
111.,  115,  11/20/18;  Cumberland  County  Power  &  Light  Co.,  Portland, 
Me.,  482,  11/20/18 ;  Lewiston,  Augusta  &  Waterville  Street  Railway  Co., 
Augusta,  Me..  448,  11/20/18;  Cincinnati  Traction  Co.,  Cincinnati,  Ohio, 
408,  11/21/18;  Cincinnati  &  Columbus  Traction  Co.,  409,  11/22/18;  Bay 
State  Street  Railway  Co.,  Boston,  Mass.,  634.  12/4/18;  Buffalo  &  Lake 
Erie  Traction  Co.,  Erie,  Pa.,  6.28,  12/5/18;  Knoxville  Railway  £  Light 
Co.,  Knoxville,  Tenn.,  251,  1/15/19;  Boston  &  Worcester  Street  Railway 
Co.,  Framing-ham,  Mass.,  851,  1/15/19;  recommendation  in  Los  Angeles 
Railway  Corporation,  Los  Angeles,  Calif.,  75.?,  4/10/19. 

42  cents:  Joplin  &  Pittsbnrg  Railway  Co.,  Joplin,  Mo.,  and  Pittsburg,  Kans., 
23,  7/31/18;  Cleveland,  Southwestern  &  Columbus  Railway  Co.,  Elyria, 
Ohio,  57,  7/31/18;  Chicago  Surface  Lines,  Chicago,  111.,  59  a,  7/31/18; 
New  Orleans  Light  &  Power  Co.,  New  Orleans,  La.,  98,  7/31/18  (which, 
however,  was  changed  on  10/24/18  to  38  cents)  ;  Pennsylvania-New  Jersey 
Railway  Co.,  Trenton,  N.  J.,  131,  7/31/18 ;  Auburn  &  Syracuse  Electric 
Railroad  Co.,  Auburn,  N.  Y.,  203,  11/20/18;  Syracuse  Northern  Electric 
Railway,  246,  11/21/18;  Rochester  &  Syracuse  Railroad  Co.,  Syracuse, 
N.  Y.,  £78,  11/21/18 ;  Empire  State  Railroad  Corp.,  Syracuse,  N.  Y.,  28,0, 
11/21/18 ;  Cincinnati,  Milford  &  Loveland  Traction  Co.,  Cincinnati,  Ohio, 
410,  11/22/18 ;  Toledo,  Bowling  Green  &  Southern  Traction  Co.,  Findlay, 
Ohio,  527.  12/5/18;  Cleveland  &  Erie  Traction  Co.  (an  interurban  line), 
Girard,  Pa.,  631,  2/4/19;  St.  Joseph  Railway,  Light,  Heat  &  Power  Co., 
St.  Joseph.  Mo.,  950,  2/4/19.  See  also  Ohio  Electric  Railway  Co.,  Lima 
Interurban  Lines,  627,  Springfield  Interurban  Lines,  627  5,  Newark  Lines, 
627  c,  1/15/19. 

40  cents:  Louisville  Railway  Co.,  Louisville,  Ky.,  414,  2/4/19;  Louisville 
Interurban  Railroad  Co.,  Louisville,  Ky.,  414  a.,  2/4/19;  United  Traction 
Co.,  Albany,  N.  Y.,  ,96,  7/31/18.  Because  of  peculiar  exigencies  in  the 
Louisville  cases  the  award  was  modified  by  the  examiner  as  to  specified 
occupations,  and  this  modification  was  approved  by  the  board.  In  the 
Albany  case  40  cents  was  the  highest  limit  under  the  submission  agree- 
ment. 

38  cents:  New  Orleans  Railway  &  Light  Co.,  New  Orleans,  La.,  ,98,  10/24/18. 

36  cents:  Georgia  Railway  &  Power  Co.,  Atlanta,  Ga.,  159,  12/5/18;  Knox- 
ville Railway  &  Light  Co.,  251,  1/15/19.  See  also  Memphis  Street  Rail- 
way Co.,  Memphis,  Tenn.,  205,  10/24/18. 

35  cents  as  to  some  occupations:  Louisville  Railway  Co.,  Louisville,  Ky., 
414,  Louisville  Interurban  Railroad  Co.,  Louisville.  Ky.,  4^4  #»  as  modi- 
fied with  approval  of  board  4/11/19. 

In  a  few  instances  the  board  has  awarded  lower  minimum  wages  for 
particular  occupations  in  which  women  were  employed; 

Women  turn  fit  He  operators  and  cashiers,  32  cents  for  first  three  months  of 

service,  33  cents  for  next  nine  months,  35  cent*  thereafter:  Philadelphia 

Railways  Co.,  Philadelphia,  Pa.,  442.  10/24/18. 
Women  collectors.  40  cents:  Boston  Elevated  Railway  Co.,  Boston,  Mass., 

181  sup.,  12/5/18. 
$75.00  per  month  ffmiranteerf  minimum:  Kansas  City  Railways  Co.,  Kan. SMS 

City,  Mo.,  and  Kansas  City,  Kans.,  265.  10/24/18. 

yet  when  men  and  women  are  performing  similar  work  under  similar 
circumstances  the  women  are  entitled  to  par  equal  to  that  of  the  men. 
See  citations  under  Women  in  Industry   (p.  09). 


112  KEPOKT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

SPECIFIC  AWARDS  FOR  SOME  OTHER  EMPLOYEES. 

Wages  have  also  been  established  for  trainmen  on  interurban  lines, 

In  addition  to  the  cases  named  above  in  which  the  wages  of  motorrnen 
and  conductors  on  interurban  lines  differed  according  to  experience, 
flat  rates  were  named  for  interurban  trainmen  in  East  St.  Louis  Lines, 
43,  7/31/18;  Schenectady  Railway  Co.,  44,  7/31/18;  New  York  State 
Railways,  120,  7/31/18;  East  St.  Louis,  Columbia  &  Waterloo  Railway, 
175,  11/20/18 ;  Auburn  &  Syracuse  Electric  Railroad  Co.,  203,  11/21/18 ; 
Portland  Railway,  Light  &  Power  Co.,  210,  11/21/18,  modified  by  agree- 
ment 1/15/19.  See  also  International  Railway  Co.>  152,  7/31/18. 

for  elevated  railway  employees, 

Chicago  Elevated  Railways  Co.,  59  a,  7/31/18;  Boston  Elevated  Railway 
Co.,  181,  10/2/18,  sup.,  12/5/18,  sup.,  1/15/19;  Philadelphia  Railways 
Co.,  442,  10/24/18. 

for  freight  train  operators, 

International  Railway  Co.,  152,  7/31/18;  East  St.  Louis,  Columbia  & 
Waterloo  Railway,  175,  11/20/18;  Auburn  &  Syracuse  Electric  Railroad 
Co.,  203,  11/21/18 ;  Portland  Railway,  Light  &  Power  Co.,  210,  11/21/18, 
modified  by  agreement  1/15/19;  recommendation  in  Pacific  Electric 
Railway  Co.,  214,  4/9/19. 

for  substation  operators  and  repair  men, 

Rochester  &  Syracuse  Railroad  Co.,  278,  11/21/18. 
and  for  other  street  railway  and  interurban  railway  employees. 

Public  Service  Railway  Corp.,  69,  7/31/18;  Memphis  Street  Railway  Co., 
205,  10/24/18;  Kansas  City  Railways,  265,  10/24/18;  Detroit  United 
Railway  Co.,  32  sup.,  11/20/18;  Portland  Railway,  Light  &  Power  Co., 
210  sup.,  1/15/19;  Louisville  Railway  Co.,  414,  Louisville  Interurban 
Railroad  Co.,  414  a,  4/11/19 ;  recommendation  in  Pacific  Electric  Railway 
Co.,  214,  4/9/19;  San  Francisco-Oakland  Terminal  Railways,  610, 
4/10/19,  in  the  last  of  which  brakemen  on  one  division  were  awarded 
43  cents,  46  cents,  48  cents,  according  to  length  of  service. 

PROVISIONS  FOR  MORE  OR  LESS  THAN  MINIMUM  RATES. 

The  awards  have  also  provided  that  "  differentials  paid  for  special 
services  shall  be  continued ;  " 

Charleston  Consolidated  Railway  &  Light  Co.,  695.  11/20/18;  Empire  State 
Railroad  Corp.,  289,  11/21/18;  Cincinnati  Traction  Co.,  408,  11/21/18; 
Cincinnati,  Lawrenceburg  &  Aurora  Electric  Street  Railroad  Co..  407, 
11/22/18 ;  Cincinnati  &  Columbus  Traction  Co.,  409,  11/22/18 ;  Cincin- 
nati, Milford  &  Loveland  Traction  Co.,  410,  11/22/18 ;  Ottumwa  Railway 
&  Light  Co.,  268,  12/5/18;  Ohio  Electric  Railway  Co.,  Lima  City  Lines, 
296,  1/15/19;  Ohio  Electric  Railway  Co..  Springfield  Interurban  Lines, 
627  ft,  Newark  Lines,  627  c,  1/15/19;  St.  Joseph  Railway,  Light,  Heat  & 
Power  To.,  950,  1/15/19.  See  also  Ohio  Electric  Railway  Co.,  Zanesville 
Lines,  627  a,  1/15/19;  Boston  &  Worcester  Street  Railway  Co.,  851, 

1/15/19. 

and  some  of  them  have  more  explicitly  provided  for  payment  higher 
than  the  standard  rate  to  men  who  are  operating  one-man  cars, 

5  cents  per  hour  additional:  International  Railway  Co.,  152,  7/31/18: 
Pacific  Gas  <fc  Electric  Co.,  1125,  4/10/19.  5  cents  per  hour  over  maxi- 
mum:  Kansas  City  Railways  Co..  265,  10/24/18.  3  cents  additional: 
San  Diego  Electric  Railway  Co.,  452,  4/10/19. 

or  instructing  new  men, 

By  agreement:  Wilmington  &  Philadelphia  Traction  Co.,  475,  1/15/19. 
or  are  working  upon  snow-plows  or  snow-sweepers. 


REPORT  SECRETARY   NATIONAL  WAR  LABOR  BOARD.  113 

By  agreement:  AVilmington  &  Philadelphia  Traction  Co.,  475,  1/15/19; 
Washington  Railway  &  Electric  Co.,  1049,  3/25/19. 

or  upon  night  runs, 

Night  cars  shall  be  all  straight  runs,  with  no  more  than  8  hours'  time  and 
with  10  hours'  pay:  Kansas  City  Railways  Co.,  £6*5,  10/24/18.  See  also 
agreement  in  Wilmington  &  Philadelphia  Traction  Co.,  475,  1/15/19,  on 
early  and  late  runs. 

or  upon  emergency  calls  outside  their  scheduled  hours. 

Portland  Railway.  Light  &  Power  Co.,  567,  2/19/19.  See  also  awards  cited 
in  section  on  Street  Railway  Hours  (p.  85). 

Higher  pay  is  also  given  in  some  cases  for  overtime  work ; 

Public  Service  Railway  Co.,  69,  7/31/18;  Kansas  City  Railways  Co.,  265, 
10/24/18;  by  agreement  in  Wilmington  &  Philadelphia  Traction  Co.,  4~5» 
1/15/19. 

and  extra  men  are  given  guaranteed  wages. 

Public  Service  Railway  Co.,  €9,  7/31/18;  Pacific  Gas  &  Electric  Co.,  1125, 
4/10/19;  recommendation  in  Pacific  Electric  Railway  Co.,  214,  4/9/19; 
agreement  in  Wilmington  &  Philadelphia  Traction  Co.,  475,  1/15/19. 
Guaranteed  wages  of  women :  Kansas  City  Railways  Co.,  266,  10/24/18. 

On  the  other  hand,  among  the  employees  other  than  motormen 
and  conductors  there  are  occasionally  men  under  21  years  of  age  to 
whom  wages  lower  than  the  general  minimum  wages  may  be  paid ; 

The  minimum  wages  are  usually  stated  to  be  for  adult  male  employees. 
See  also  Memphis  Street  Railway  Co.,  205,  10/24/18;  Rochester  &  Syra- 
cuse Railroad  Co.,  £78,  11/21/18 ;  New  Orleans  Railway  &  Light  Co.,  98 
sup.,  10/24/18;  Louisville  Railway  Co.,  414,  Louisville  Interurban  Rail- 
road Co.,  414  a,  2/4/19,  4/11/19. 

and  it  has  been  ruled, 

Ruling  of  examiners  in  charge  (e.  g.,  10/4  in  the  case  of  The  Rhode  Island 
Co.,  180,  10/2/18,  10/24  in  the  case  of  Boston  Elevated  Railway  Co.,  181, 
10/2/18)  that  "  The  intent  of  the  award  is  to  give  every  adult  male 
employee  affected  engaged  in  an  occupation  essential  to  the  operation 
of  the  company  and  whose  rate  is  not  specifically  fixed  by  the  award  a 
daily  wage  of  at  least  $4.25  for  10  hours'  work.  "Wherever  possible,  the 
hours  of  labor  should  be  reduced  to  10  wherever  they  are  now  greater, 
but  in  cases  where  long  hours  are  found  to  be  absolutely  necessary  in  the 
operation  of  the  road,  a  reasonable  interpretation  of  the  award  would 
be  that  such  persons  are  to  receive  $4.25  per  day,  based  upon  the  number 
of  hours  they  were  working  at  the  time  of  the  submission  of  the  case." 
Followed  except  as  to  amount  involved  in  ruling  in  Louisville  Railway 
Co.,  414*  Louisville  Interurban  Railroad  Co.,  4*4  <*•>  °n  3/27/19,  approved 
by  board  on  4/11/19. 

and  expressl}7  stated  in  the  later  awards, 

Denver  Tramway  Co.,  173,  11/20/18 ;  Auburn  &  Syracuse  Electric  Railroad 
Co.,  203,  11/20/18;  Cumberland  County  Power  &  Light  Co.,  432,  11/20/18; 
Lewiston,  Augusta  &  Waterville  Street  Railway  Co.,  448,  11/20/18; 
Syracuse  Northern  Electric  Railway,  246,  11/21/18;  Rochester  &  Syra- 
cuse Railroad  Co.,  #78,  11/21/18;  Empire  State  Railroad  Corporation, 
289,  11/21/18;  Cincinnati  Traction  Co.,  408,  11/21/18;  Cincinnati  & 
Columbus  Traction  Co.,  409,  11/22/18;  Cincinnati,  Mil  ford  &  Loveland 
Traction  Co.,  410,  11/22/18 ;  Bay  State  Street  Railway  Co.,  634,  12/4/18 ; 
Toledo,  Bowling  Green  &  Southern  Traction  Co.,  527,  12/5/18;  Buffalo 
&  Lake  Erie  Traction  Co.,  628,  12/5/18 ;  Boston  &  Worcester  Street  Rail- 
way Co.,  851,  1/15/19;  Cleveland  &  Erie  Traction  Co.,  631,  2/4/19;  St. 
Joseph  Railway,  Light,  Heat  &  Power  Co.,  950,  2/4/19.  See  also  ruling 
in  Louisville  Railway  Co.,  4^4,  Louisville  Interurban  Railroad  Co.,  414  «> 
approved  by  board  4/11/19. 

121338°— 20 8 


114  BEPOUT   SECRETARY   ]STATIOXAL   WAR  LABOR  BOARD. 

tli at  the  minimum  wage  per  hour  is  to  be  paid  up  to  not  more  than  10 
Lours  per  day.  There  are  also  superannuated  men  and  men  partially 
incapacitated,  and  it  has  been  ruled  that  these  men  may  be  paid  a 
wage  less  than  is  fixed  by  the  award  upon  agreement  between  the 
company  and  the  men  or  by  reference  to  the  examiners  in  charge. 

Ruling  of  exr.miners  in  charge  in  The  "Rhode  Island  Co.,  180,  10/2/18.  on 
10/V18,  and  in  Louisville  Railway  Co.,  414,  Louisville  Intel-urban  Rail- 
road Co.,  414  a,  2/4/19,  on  3/27/19,  that  "  Employees  who  are  incapaci- 
tated from  doing  a  normal  day's  work  by  reason  of  age  or  physical  dis- 
ability may  be  paid  at  a  special  rate,  less  than  is  granted  by  the  award, 
by  agreement  between  the  representatives  of  the  company  and  the  asso- 
ciation. In  case  the  parties  are  unable  to  agree,  any  specific  case  may 
be  referred  to  the  examiners  of  the  National  War  Labor  Board  for  a 
decision,  which  decision  is  subject  to  appeal  to  the  arbitrators  as  pro- 
vided in  the  award." 

Such  a  ruling  in  the  Lousiville  cases  was  approved  by  the  board. 

Louisville  Railway  Co.,  414,  Louisville  Interurban  Railroad  Co.,  ////  a, 
4/11/19.  See  also  Cincinnati  Traction  Co.,  J/08,  Investigation  into  wage. 
of  miscellaneous  employees,  5/1/19. 

FINANCIAL  RECOMMENDATIONS. 

The  board,  or  the  joint  chairmen  as  arbitrators,  in  awarding  In- 
creases in  wages  to  employees  of  street  railway  and  interurban  rail- 
way companies  has  frequently  said  that,  "This  increase  in  wages  will 
add  substantially  to  the  operating  cost  of  the  company  and  will 
lequire  a  reconsideration  by  the  proper  regulating  authority  of  the 
fares  which  the  company  is  allowed  by  law  to  collect  from  its  pas- 
sengers." 

Joplin  &  Pittsburg  Railway  Co.,  23,  7/31/18;  Scranton  Railway  Co.,  {-.?. 
7/31/1S;  East  St.  Louis  Lines,  43,  7/31/18;  Schenectady  Railway  Co., 
44,  7/31/18;  Cleveland,  Southwestern  &  Columbus  Railway  Co.,  ,'>7, 
7/31/1 S;  Evanston  Railway  Co.,  59  c,  7/31/18;  Public  Service  Railway 
Co.,  69,  7/31/18;  United  Traction  Co.  (Albany,  N.  Y.>,  06,  7/31/18;  New 
Orleans  Railway  &  Light  Co.,  98;  7/31/18;  Galesburg  Railway,  Light  & 
Power  Co.,  109,  7/31/18;  New  York  State  Railways,  120,  7/31/18;  Penn- 
sylvania-New Jersey  Railway  Co.,  131,  7/31/18;  Columbus  Railway, 
Tower  &  Light  Co.,  146,  7/31/18 ;  International  Railway  Co.,  132,  7/31/18  ; 
Omaha  &  Council  Bluffs  Street  Railway  Co.,  154,  7/31/18;  Cleveland  & 
Eastern  Traction  Co.,  167,  7/31/18;  Cleveland,  Painesville  &  Eastern 
Railroad  Co.,  193,  7/31/18;  Rhode  Island  Co.,  ISO,  10/2/18;  Portland 
Railway,  Light  &  Power  Co.,  72,  10/24/18;  Dayton  Street  Railway  .Co., 
150,  10/24/18;  Denver  Tramway  Co.,  113,  11/20/18;  East  St.  Louis,  Co- 
lumbia &  Waterloo  Railway,  175,  11/20/18;  Auburn  &  Syracuse  Electric 
Railroad  Co.,  203,  11/20/18;  Butte  Electric  Railway  Co.,  271,  11/20/18; 
Cumberland  County  Power  &  Light  Co.,  432,  11/20/18 ;  Lewiston,  Augusta 
&  Waterville  Street  Railway  Co.,  //.'/S,  11/20/18 ;  Charleston  Consolidated 
Railway  &  Light  Co.,  €95,  11/20/18;  Portland  Railway,  Light  &  Power 
Co.,  210,  11/21/18 ;  Syracuse  Northern  Electric  Railway,  246,  11/21/18 ; 
Rochester  &  Syracuse  Railroad  Co.,  278,  11/21/18;  Syracuse  Suburban 
Railroad  Co.,  279,  11/21/18;  Empire  State  Railroad  Corporation,  289, 
11/21/18;  Cincinnati,  Lnwrenceburg  &  Aurora  Electric  Street  Railroad 
Co.,  407,  11/22/18;  Cincinnati  £  Columbus  Traction  Co.,  409,  11/22/18; 
Cincinnati,  Miiford  &  Loveland  Traction  Co.,  J,10,  11/22/18;  Bay  State 
Street  Railway  Co.,  634.  12/4/18;  Georgia  Railway  &  Power  Co.,  159, 
12/5/1S:  Toledo,  Bowling  Green  &  Southern  Traction  Co.,  527,  12/5/18; 
Buffalo  &  Lake  Erie  Traction  Co.,  628,  12/5/1  S;  Ohio  Electric  Railway 
Co.,  Lima  City  Lines,  296,  1/15/19";  Ohio  Electric  Railway  Co.,  Lima 
Intel-urban  Lines,  -627,  Zanesville  Lines.  627  a,  Springfield  Interurban 
Lines,  627  ~b,  Newark  Lines,  627  cr  1/15/19 ;  Boston  &  Worcester  Street 
Railway  Co.,  851,  1/15/19  ;  St.  Joseph  Railway,  Light,  Heat  &  Power  C<>., 
950,  2/4/19. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  115 

In  these  cases  the  following  words,  which  had  been  used  in  the 
Cleveland  Railway  Co.  case, 
31,  7/31/18. 

were  made  a  part  of  the  award: — 

"  We  have  recommended  to  the  President  that  special  congressional 
legislation  be  enacted  to  enable  some  executive  agency  of  the  Federal 
Government  to  consider  the  very  perilous  financial  condition  of  this 
and  other  electric  street  railways  of  the  country,  and  raise  fares  in 
each  case  in  which  the  circumstances  require  it.  We  believe  it  to  be 
a  war  necessity  justifying  Federal  interference.  Should  this  be 
deemed  unwise,  however,  we  urge  upon  the  local  authorities  and  the 
people  of  the  locality  the  pressing  need  for  such  an  increase  adequate 
to  meet  the  added  cost  of  operation. 

"  This  is  not  a  question  turning  on  the  history  of  the  relations 
between  the  local  street  railways  and  the  municipalities  in  which 
they  operate.  The  just  claim  for  an  increase  in  fares  does  not  rest 
upon  any  right  to  a  dividend  upon  capital  long  invested  in  the  enter- 
prise. The  increase  in  fare  must  be  given  because  of  the  immediate 
pressure  for  money  receipts  now  to  keep  the  street  railways  running 
so  that  they  may  meet  the  local  and  national  demand  for  their  service. 
Overcapitalization,  corrupt  methods,  exorbitant  dividends  in  the  past 
are  not  relevant  to  the  question  of  policy  in  the  present  exigency. 
In  justice  the  public  should  pay  an  adequate  war  compensation  for  a 
service  which  can  not  be  rendered  except  for  war  prices.  The  credit 
of  these  companies  in  floating  bonds  is  gone.  Their  ability  to  borrow 
on  short  notes  is  most  limited.  In  the  face  of  added  expenses  which 
this  and  other  awards  of  needed  and  fair  compensation  to  their  em- 
ployees will  involve,  such  credit  will  completely  disappear.  Bank- 
ruptcy, receiverships,  and  demoralization,  with  failure  of  service, 
must  be  the  result.  Hence  our  urgent  recommendation  on  this  head." 

Recommendations  that  companies  be  allowed  to  increase  their  fares 
were  also  made  in  other  cases  in  somewhat  different  language. 

Detroit  United  Railway  Co.,  32,  7/31/18;  Chicago  Surface  Lines,  59  a, 
7/31/18;  Chicago  &  West  Towns  Railway  Co.,  59  &,  7/31/18;  Boston 
Elevated  Railway  Co.,  181,  10/2/18;  Memphis  Street  Railway  Co.,  205, 
10/24/18;  Kansas  City  Railways  Co.,  26o,  10/24/18  (in  which  case  it 
was  pointed  out  that  the  proposed  increase  in  fares  was  only  for  the 
period  of  the  war)  ;  Ottumwa  Railway  &  Light  Co.,  268,  12/5/18;  Toledo, 
Bowling  Green  &  Southern  Traction  Co.,  527]  12/5/18:  Knoxville  Railway 
&  Light  Co.,  251,  1/15/19 ;  Louisville  Railway  Co.,  414,  2/4/19 ;  Louisville 
Interurban  Railroad  Co.,  414  a,  2/4/19 ;  Spokane  &  Inland  Empire  Rail- 
road Co.,  503,  3/27/19.  See  also  Georgia  Railway  &  Power  Co.,  LJ9, 
12/5/18 ;  Boston  &  Worcester  Street  Railway  Co.,  851,  1/15/19. 

In  Lewiston,  Augusta  &  Waterville  Street  Railway  Co.,  448,  11/20/18,  the 
joint  chairmen  as  arbitrators  added,  "  We  desire  to  point  out  to  the 
riding  public  the  absolute  necessity  of  continuing  the  patronage  of  the 
past,  if  the  company  is  to  continue  to  give  any  service  upon  its  lines.  A 
public  service  corporation  must  be  supported  by  the  public,  and  if  that 
support  is  withdrawn  the  company  must  of  necessity  either  cut  down  its 
service  radically  or  else  cease  operations  altogether." 

In  some  cases,  because  of  specific  requests,  the  joint  chairmen  have 
written  additional  letters  to  the  fare-regulating  authorities  advocat- 
ing careful  consideration  of  the  need  for  increased  fares.  In  many 
communities  increases  in  fares  have  been  permitted  because  of  the 
awards  and  recommendations  of  the  board  and  of  the  joint  chair- 
men as  arbitrators. 


APPENDIX  III 


PRINCIPLES  AND  RULES  OF  PROCEDURE 


117 


APPENDIX  III. 
PRINCIPLES. 

PROCLAMATION  BY  THE  PRESIDENT  OF  THE  UNITED  STATES, 

Whereas  in  January,  nineteen  hundred  and  eighteen,  the  Secretary 
of  tabor,  upon  the  nomination  of  the  president  of  the  American 
Federation  of  Labor  and  the  president  of  the  National  Industrial 
Conference  Board,  appointed  a  War  Labor  Conference  Board  for  the 
purpose  of  devising  for  the  period  of  the  war  a  method  of  labor  ad- 
justment which  would  be  acceptable  to  employers  and  employees ;  and 

Whereas  said  board  has  made  a  report  recommending  the  creation 
for  the  period  of  the  Avar  of  a  National  War  Labor  Board  with  the 
same  number  of  members  as,  and  to  be  selected  by  the  same  agencies 
that  created,  the  War  Labor  Conference  Board,  whose  duty  it  shall 
he  to  adjust  labor  disputes  in  the  manner  specified,  and  in  accord- 
ance with  certain  conditions  set  forth  in  the  said  report;  and 

Whereas  the  Secretary  of  Labor  has,  in  accordance  with  the  recom- 
mendation contained  in  the  report  of  said  War  Labor  Conference 
Board  dated  March  29,  1918,  appointed  as  members  of  the  National 
War  Labor  Board  Hon.  William  Howard  Taft  and  Hon.  Frank  P. 
Walsh,  representatives  of  the  general  public  of  the  United  States; 
Messrs.  Loyall  A.  Osborne,  L.  F.  Loree,  W.  H.  Van  Dervoort,  C.  E. 
Michael,  and  B.  L.  Worden,  representatives  of  the  employers  of  the 
United  States;  and  Messrs.  Frank  J.  Hayes,  William  L.  Hutcheson, 
William  H.  Johnston,  Victor  A.  Olander,  and  T.  A.  Eickert,  repre- 
sentatives of  the  employees  of  the  United  States : 

Now,  therefore.  I,  WOODROW  WILSON,  President  of  the  United  States 
of  America,  do  hereby  approve  and  affirm  the  said  appointments  and 
make  due  proclamation  thereof  and  of  the  following  for  the  informa- 
tion and  guidance  of  all  concerned: 

The  powers,  functions,  and  duties  of  the  National  War  Labor  Board 
shall  be  to  settle  by  mediation  and  conciliation  controversies  arising 
between  employers  and  workers  in  fields  of  production  necessary  for 
the  effective  conduct  of  the  war,  or  in  other  fields  of  national  activity, 
delays  and  obstructions  in  which  might,  in  the  opinion  of  the  National 
Board,  affect  detrimentally  such  production;  to  ^provide,  by  indirect 
appointment,  or  otherwise,  for  committees  or  boards  to  sit  in  various 
parts  of  the  country  where  controversies  arise  and  secure  settlement 
by  local  mediation  and  conciliation;  and  to  summon  the  parties  to 
controversies  for  hearing  and  action  by  the  National  Board  in  event 
of  failure  to  secure  settlement  by  mediation  and  conciliation. 

110 


120  KEPORT   SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

The  principles  to  be  observed  and  the  methods  to  be  followed  by 
the  National  Board  in  exercising  such  powers  and  functions  and  per- 
forming such  duties  shall  be  those  specified  in  the  said  report  of  the 
War  Labor  Conference  Board  dated  March  29,  1918,  a  complete  copy 
of  which  is  hereunto  appended.1 

The  National  Board  shall  refuse  to  take  cognizance  of  a  contro- 
versy between  employer  and  workers  in  any  field  of  industrial  or  other 
activity  where  there  is  by  agreement  or  Federal  law  a  means  of  set- 
tlement which  has  not  been  invoked. 

And  I  do  hereby  urge  upon  all  employers  and  employees  within  the 
United  States  the  necessity  of  utilizing  the  means  and  methods  thus 
provided  for  the  adjustment  of  all  industrial  disputes,  and  request 
that  during  the  pendency  of  mediation  or  arbitration  through  the  said 
means  and  methods,  there  shall  be  no  discontinuance  of  industrial 
operations  which  would  result  in  curtailment  of  the  production  of 
war  necessities. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  in  the  District  of  Columbia,  this  eighth  day  of  April,  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  eighteen,  and  of  the 
independence  of  the  United  States  the  one  hundred  and  forty-second. 

[SEAL.]  WOODROW  WILSON. 

By  the  President : 
ROBERT  LANSING, 

Secretary  of  State. 

FUNCTIONS,  POWERS,  AND  DUTIES  OF  THE  BOARD. 

The  functions  and  powers  of  the  National  War  Labor  Board  are 
as  follows: 

To  bring  about  a  settlement,  by  mediation  and  conciliation,  of 
every  controversy  arising  between  employers  and  workers  in  the  field 
of  production  necessary  for  the  effective  conduct  of  the  war. 

To  do  the  same  thing  in  similar  controversies  in  other  fields  of 
national  activity,  delays  and  obstructions  in  which  may,  in  the 
opinion  of  the  National  Board,  affect  detrimentally,  such  production. 

To  provide  such  machinery,  by  direct  appointment  or  otherwise, 
for  the  selection  of  committees  or  boards  to  sit  in  various  parts  of 
the  country  where  controversies  arise,  to  secure  settlement  by  local 
mediation  and  conciliation. 

To  summon  the  parties  to  the  controversy  for  hearing  and  action 
by  the  National  Board  in  case  of  failure  to  secure  settlement  by 
local  mediation  and  conciliation. 

If  the  sincere  and  determined  effort  of  the  National  Board  shall 
fail  to  bring  about  a  voluntary  settlement  and  the  members  of  the 
board  shall  be  unable  unanimously  to  agree  upon  a  decision,  then 
and  in  that  case  and  only  as  a  last  resort  an  umpire  appointed  in  the 
manner  provided  in  the  next  paragraph  shall  hear  and  finally  decide 
the  controversy  under  simple  rules  of  procedure  prescribed  by  the 
National  Board. 

The  members  of  the  National  Board  shall  choose  the  umpire  by 
unanimous  vote.  Failing  such  choice,  the  name  of  the  umpire  shall 

1  Not  printed  herewith. 


REPORT   SECRETARY   NATIONAL   WAR   LABOR  BOARD.  121 

1)0  drawn  by  lot  from  a  list  of  ten  suitable  and  disinterested  persons 
to  be  nominated  for  the  purpose  by  the  President  of  the  United 
States. 

The  National  Board  shall  hold  its  regular  meetings  in  the  city  of 
Washington,  with  power  to  meet  at  any  other  place  convenient  for 
tlie  board  and  the  occasion. 

The  National  Board  may  alter  its  methods  and  practice  in  settle- 
ment of  controversies  hereunder  from  time  to  time  as  experience  may 
suggest. 

The  National  Board  shall  refuse  to  take  cognizance  of  a  contro- 
versy betAveen  employer  and  workers  in  any  field  of  industrial  or 
other  activity  where  there  is  by  agreement  or  Federal  law  a  means 
of  settlement  which  has  not  been  invoked. 

The  place  of  each  member  of  the  National  Board  unavoidably  de- 
tained from  attending  one  or  more  of  its  sessions  may  be  filled  by 
a  substitute  to  be  named  by  such  member  as  his  regular  substitute. 
The  substitute  shall  have  the  same  representative  character  as  his 
principal. 

The  National  Board  shall  have  power  to  appoint  a  secretary  and 
to  create  such  other  clerical  organization  under  it  as  may  be  in  its 
judgment  necessary  for  the  discharge  of  its  duties. 

The  National  Board  may  apply  to  the  Secretary  of  Labor  for 
authority  to  use  the  machinery  of  the  Department  in  its  work  of  con- 
ciliation and  mediation. 

The  action  of  the  National  Board  may  be  invoked,  in  respect  to 
controversies  within  its  jurisdiction,  by  the  Secretary  of  Labor  or  by 
either  side  in  a  controversy  or  its  duly  authorized  representative. 
The  board,  after  summary  consideration,  may  refuse  further  hearing 
if  the  case  is  not  of  such  character  or  importance  as  to  justify  it. 

In  the  appointment  of  committees  of  its  own  members  to  act  for 
the  board  in  general  or  local  matters,  and  in  the  creation  of  local 
committees,  the  employers  and  the  workers  shall  be  equally  repre- 
sented. 

The  representatives  of  the  public  in  the  board  shall  preside  alter- 
nately at  successive  sessions  of  the  board  or  as  agreed  upon. 

The  board  in  its  mediating  and  conciliatory  action,  and  the  umpire 
in  his  consideration  of  a  controversy,  shall  be  governed  by  the  fol- 
lowing principles. 

PRINCIPLES  AND  POLICIES  TO  GOVERN  RELATIONS  BETWEEN 
WORKERS  AND  EMPLOYERS  IN  WAR  INDUSTRIES  FOR  THE 
DURATION  OF  THE  WAR. 

There  should  ~be  no  strikes  or  lockouts  during  the  war. 
RIGHT  TO  ORGANIZE. 

The  right  of  workers  to  organize  in  trade-unions  and  to  bargain 
collectively  through  chosen  representatives  is  recognized  and  affirmed. 
This  right  shall  not  be  denied,  abridged,  or  interfered  with  by  the 
employers  in  any  manner  whatsoever. 

The  right  of  employers  to  organize  in  associations  or  groups  and 
to  bargain  collectively  through  chosen  representatives  is  recognized 
and  affirmed.  This  right  shall  not  be  denied,  abridged,  or  interfered 
with  by  the  workers  in  any  manner  whatsoever. 


122  EEPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

Employers  should  not  discharge  workers  for  membership  in  trade- 
unions,  nor  for  legitimate  trade-union  activities. 

The  workers,  in  the  exercise  of  their  right  to  organize,  should  not 
use  coercive  measures  of  any  kind  to  induce  persons  to  join  their 
organizations  nor  to  induce  employers  to  bargain  or  deal  therewith. 

EXISTING  CONDITIONS. 

In  establishments  where  the  union  shop  exists  the  same  shall  con- 
tinue, and  the  union  standards  as  to  wages,  hours  of  labor,  and  other 
conditions  of  employment  shall  be  maintained. 

In  establishments  where  union  and  nonunion  men  and  women  now 
work  together  and  the  employer  meets  only  with  employees  or  rep- 
resentatives engaged  in  said  establishments,  the  continuance  of  such 
conditions  shall  not  be  deemed  a  grievance.  This  declaration,  how- 
ever, is  not  intended  in  any  manner  to  deny  the  right  or  discourage 
the  practice  of  the  formation  of  labor  unions  or  the  joining  of  the 
same  by  the  workers  in  said  establishments,  as  guaranteed  in  the 
preceding  section,  nor  to  prevent  the  War  Labor  Board  from  urging 
or  any  umpire  from  granting,  under  the  machinery  herein  pro- 
vided, improvement  of  their  situation  in  the  matter  of  wages,  hours 
of  labor,  or  other  conditions  as  shall  be  found  desirable  from  time 
to  time. 

Established  safeguards  and  regulations  for  the  protection  of  the 
health  and  safety  of  workers  shall  not  be  relaxed. 

WOMEN  IN  INDUSTRY. 

If  it  shall  become  necessary  to  employ  women  on  work  ordinarily 
performed  by  men,  they  must  be  allowed  equal  pay  for  equal  work 
and  must  not  be  allotted  tasks  disproportionate  to  their  strength. 

HOURS  or  LABOR. 

The  basic  eight-hour  day  is  recognized  as  applying  in  all  cases 
in  which  existing  law  requires  it.  In  all  other  cases  the  question  of 
hours  of  labor  shall  bo  settled  with  due  regard  to  governmental 
necessities  and  the  welfare,  health,  and  proper  comfort  of  the 
workers. 

MAXIMUM  PRODUCTION. 

The  maximum  production  of  all  war  industries  should  be  main- 
tained and  methods  of  work  and  operation  on  the  part  of  employers 
or  workers  which  operate  to  delay  or  limit  production,  or  which 
have  a  tendency  to  artificially  increase  the  cost  thereof,  should  bi> 
discouraged. 

MOBILIZATION  or  LABOR. 

For  the  purpose  of  mobilizing  the  labor  supply  with  a  view  to  its 
rapid  and  effective  distribution,  a  permanent  list  of  the  numbers  of 
skilled  and  other  workers  available  in  different  parts  of  the  country 
shall  be  kept  on  file  by  the  Department  of  Labor,  the  information  to 
be  constantly  furnished — 

1.  By  the  trade-unions. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  123 

2.  By  State  employment  bureaus  and  Federal  agencies  of  like 

character. 

3.  By  the  managers  and  operators  of  industrial  establishments 

throughout  the  country. 

These  agencies  shall  be  given  opportunity  to  aid  in  the  distribu- 
tion of  labor  as  necessity  demands. 

CUSTOM  OF  LOCALITIES. 

In  fixing  wages,  hours,  and  conditions  of  labor,  regard  should 
always  be  had  to  the  labor  standards,  wage  scales,  and  other  condi- 
tions prevailing  in  the  localities  affected. 

THE  LIVING  WAGE. 

1.  The  right  of  all  workers,  including  common  laborers,  to  a  living 
wage  is  hereby  declared. 

2.  In  fixing  wages,  minimum  rates  of  pay  shall  be  established 
which  will  insure  the  subsistence  of  the  worker  and  his  family  in 
health  and  reasonable  comfort. 

RESOLUTION   ADOPTED   BY   NATIONAL  WAR   LABOR  BOARD 

JULY  31,  1918. 

Resolved,  That  the  National  War  Labor  Board  deems  it  an  ap- 
propriate time  to  invite  the  attention  of  employers  and  workers 
alike  to  the  wisdom  of  composing  their  differences  in  accord  with 
the  principles  governing  the  National  War  Labor  Board,  which  were 
approved  and  promulgated  by  the  President  in  his  proclamation  of 
Aprils,  1918; 

That  this  war  is  not  only  a  war  of  arms,  but  also  a  war  of  work- 
shops; a  competition  in  the  quantitative  production  and  distribu- 
tion of  munitions  and  war  supplies,  a  contest  in  industrial  resource- 
fulness and  energy ; 

That  the  period  of  the  war  is  riot  a  normal  period  of  industrial 
expansion  from  which  the  employer  should  expect  unusual  profits 
or  the  employees  abnormal  wages :  that  it  is  an  interregnum  in  which 
industry  is  pursued  only  for  common  cause  and  common  ends; 

That  capital  should  have  only  such  reasonable  returns  as  will 
assure  its  use  for  the  world's  and  Nation's  cause,  while  the  physical 
well-being  of  labor  and  its  physical  and  mental  effectiveness  in  a 
comfort  reasonable  in  view  of  the  exigencies  of  the  war  should  like- 
wise be  assured ; 

That  this  board  should  be  careful  in  its  conclusions  not  to  make 
orders  in  this  interregnum,  based  on  approved  views  of  progress  in 
normal  times,  which,  under  war  conditions,  might  seriously  impair 
the  present  economic  structure  of  our  country ; 

That  the  declaration  of  our  principles  as  to  the  living  wage  and  an 
established  minimum  should  be  construed  in  the  light  of  these  con- 
siderations ; 

That  for  the  present  the  board  or  its  sections  should  consider  and 
decide  each  case  involving  these  principles  on  its  particular  facts 
and  reserve  any  definite  rule  of  decision  until  its  judgments  have- 
been  sufficiently  numerous  and  their  operation  sufficiently  clear  to 
i make  generalization  safe. 


124  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

STATEMENT  FOR  THE  PUBLIC,  DECEMBER  5,  1918. 

In  order  to  meet  the  changed  conditions  resulting  from  the  signing 
of  the  armistice,  and  the  withdrawal  of  the  Federal  Government's 
control  over  the  industries  of  the  country,  the  National  War  Labor 
Board,  after  conference  with  the  Secretary  of  Labor,  has  made  an 
order  providing  that  in  the  future  it  will  act  only  in  such  cases  as 
are  jointly  submitted  to  it  for  arbitration.  All  complaints  filed  after 
December  5,  setting  forth  industrial  controversies,  will  therefore  be 
referred  to  the  Labor  Department  for  action  by  its  Mediation  and 
Conciliation  Bureau.  Failing  settlement  in  such  cases  the  Secretary 
of  Labor  will  refer  back  to  the  War  Labor  Board  only  the  cases  in 
which  both  parties  voluntarily  submit  the  issues  to  the  jurisdiction 
of  the  National  War  Labor  Board  and  agree  to  abide  by  its  decision. 
All  cases  now  before  the  Board  will  be  handled  as  they  have  been  in 
the  past. 


PROCEDURE. 


METHOD  OF  PRESENTING  COMPLAINTS  AND  PROCEDURE  OF 

BOARD. 

(AS  ADOPTED  BY  THE  BOARD  ON  MAY  13,  1918.) 

DOCKET. 

The  secretary  of  the  Board  shall  keep  one  docket  for  the  filing  of 
all  complaints,  submissions,  and  references,  and  shall  number  them 
on  the  docket  in  the  order  in  which  they  are  received  and  filed. 
Thereafter  the  cases  shall  be  referred  to  by  such  numbers. 

REFERENCES. 

Where  the  complaint  or  submission  filed  shall  show  clearly  that 
another  board  than  this  has  primary  jurisdiction  therein,  the  secre- 
tary is  authorized  to  direct  the  proper  reference,  and  to  advise  the 
party  or  parties  initiating  the  proceeding  of  such  reference.  At  the 
next  session  of  the  Board  the  secretary  shall  advise  the  Board  of 
his  disposition  thereof. 

ORGANIZATION  OF  THE  BOARD  FOR  HEARINGS  AND  ADJUSTMENT. 

In  respect  to  every  local  controversy,  two  members  of  the  Board, 
one  from  the  employers'  side  and  one  from  the  employees'  side,  shall 
be  appointed  to  act  for  the  Board,  the  members  to  be  named  by  the 
joint  chairmen  at  the  instance  of  the  respective  groups  of  the  Board. 
These  members  shall  be  called  a  Section  of  the  Board,  and  shall  hear 
and  adjust  cases  assigned  to  them.  If  they  can  not  effect  any  ad- 
justment, they  shall  summarize  and  analyze  the  facts  and  present 
the  same  to  the  Board  with  their  recommendations. 

The  National  Board  may  appoint  permanent  local  committees  in 
any  city  or  district  to  act  in  cases  therein  arising.  In  the  selection 
of  such  local  committees,  recommendations  will  be  received  by  the 
National  Board  from  associations  of  employers  and  from  the  central 
labor  body  of  the  city  or  district  and  other  properly  interested 
groups.  Sections  of  the  Board  are  authorized  to  appoint  temporary 
local  committees  where  permanent  local  committees  have  not  been 
appointed  by  the  Board. 

ARBITRATION. 

When  the  Board,  after  clue  effort  of  its  own,  through  Sections, 
local  committees,  or  otherwise,  finds  it  impossible  to  settle  a  contro- 
versy, the  Board  shall  then  sit  as  a  board  of  arbitration,  decide  the 
controversy,  and  make  an  award,  if  it  can  reach  a  unanimous  conclu- 
sion. If  it  can  not  do  tiffs,  then  it  shall  select  an  umpire,  as  pro- 
vided, who  shall  sit  with  the  Board,  review  the  issues,  and  render  his 

award. 

125 


126  REPORT  SECRETARY  NATIONAL,  WAR-  LABOR  BOARD. 

COORDINATION  OF  THE  WORK  OF  EXISTING  BOARDS. 

To  comply  with  the  direction  of  the  President  in  his  proclamation 
of  April  8,  1918,  constituting  the  National  War  Labor  Board,  this 
Board  will  hear  appeals  in  the  following  cases: 

Where  the  principles  established  by  the  President  in  such  procla- 
mation have  been  violated. 

Where  an  award  made  by  a  board  has  not  been  put  into  effect  by 
employers,  or  where  the  emplo}Tees  have  refused  to  accept  or  abide  by 
such  award. 

To  determine  questions  of  jurisdiction  as  between  Government 
boards. 

Appeals  will  not  be  heard  by  the  National  War  Labor  Board  from 
the  decisions  of  regularly  constituted  boards  of  appeal,  nor  from  any 
other  board  to  revise  findings  of  fact. 

FURTHER  RULES  OF  PROCEDURE. 

(AS  AMENDED    FROM   TIME   TO    TIME  UP  TO   AND   INCLUDING  JANUARY   15,   1919.) 

The  first  and  indispensable  step  to  be  taken  in  order  that  the 
Board  shall  be  able  to  settle  industrial  disputes  is  that  the  parties  to 
the  disputes  shall  have  notice  that  the  Board  intends  to  hear  the  dis- 
pute and  what  the  dispute  is.  They  must  know,  further,  when  and 
where  the  hearing  is  to  be  held  so  as  to  have  reasonable  opportunity 
to  present  their  evidence  and  to  argue  their  cases. 

The  following  rules  of  procedure  are  adopted  as  a  simple  method 
of  bringing  the  parties  before  the  Board  and  enabling  them  to  know 
the  exact  issues  in  the  dispute  and  to  obtain  a  hearing  thereon. 

COMPLAINT  NECESSARY   TO  JURISDICTION. 

Any  person  deeming  himself  aggrieved  by  another  in  an  industrial 
dispute  within  the  cognizance  of  the  Board  may  invoke  its  jurisdic- 
tion, filing  a  complaint  against  that  other.  It  can  not  be  done  other- 
wise, 

WHO  MAY  BE  COMPLAINANTS. 

When  the  complaint  is  made  on  behalf  of  employees  against  an 
employer,  it  shall  be  filed  by  three  employees  for  and  on  behalf  of  all 
claiming  the  same  grievances.  If  the  grievance  alleged  is  unjust 
discharge,  those  discharged  ma}^  file  the  complaint  as  recent  em- 
ployees of  the  respondent.  If  the  shop  is  one  in  which  the  employer 
contracts  with  a  union,  the  union  may  file  a  complaint  against  the 
employer,  but  it  shall  associate  with  it  as  party  complainants  and 
signers  of  the  complaint  at  least  three  employees  of  the  respondent 
as  in  other  cases. 

When  the  complaint  is  made  on  behalf  of  an  employer,  he  shall 
sign  the  complaint.  If  he  is  a  member  of  an  employers'  association 
having  a  contract  with  a  union,  which  is  the  subject  matter  of,  or 
affects,  the  controversy,  he  may  join  with  him  as  party  complainant 
such  employers'  associations  and  may  name-  as  respondents  not  more 
than  three  of  his  employees,  present  or  recent,  as  representatives  of 
all,  and  the  union  with  whom  the  contract  was  made. 


RKFORT   SECRETARY   NATIONAL   WAR  LABOR   BOARD.  12 

COMPLAINT  SHALL   COVER  ONLY  DISPUTES  BETWEEN   ONE   EMPLOYER  AND  HIS 

EMPLOYEES. 

No  complaint  shall  cover  more  than  the  disputes  between  employees 
and  their  employer  in  one  shop  or  series  of  shops  owned  by  the  same 
employer.  Should  the  same  dispute  develop  in  different  shops  owned 
by  different  employers,  the  cases  may,  with  consent  of  the  parties, 
be  united  for  the  purpose  of  taking  evidence  and  for  hearings,  but 
separate  complaints  must  be  filed  and  docketed,  separate  summons  bo 
issued  and  served,  and  all  further  steps  taken  in  each  separate  case 
and  separate  conclusions  reached  and  separate  awards  or  recommen- 
dations made. 

CONTENTS  OF  COMPLAINT. 

The  complaint  shall  be  in  a  form  approved  by  the  Board  and 
shall  be  a  written  petition  to  the  Board  for  its  aid  in  the  just  settle- 
ment of  a  dispute  between  employer  and  employees.  It  shall  set 
forth  the  name  and  post-office  address  of  the  party  or  parties  com- 
plainant and  the  party  or  parties  respondent.  It  shall  set  forth  in 
brief  narrative  form  the  facts  and  circumstances  of  dispute,  and  closa 
with  a  prayer  for  that  action  by  the  Board  to  which  the  complaining 
party  or  parties  believe  themselves  entitled  under  the  principles  of 
the  Board  and  which  will  afford  a  just  remedy.  If  the  party  filing 
the  complaint  is  a  corporation,  or  a  union,  the  signature  of  the  presi- 
dent, vice  president,  treasurer,  or  secretary  thereof  shall  be  sufficient. 

FORM  OF  COMPLAINT  AGAINST  EMPLOYEES. 

Kvery  complaint  filed  by  an  employer  against  employees  or  a 
union  shall  be  in  the  form  following: 

UNITED  STATES  OF  AMERICA. 
NATIONAL  WAR  LABOR  BOARD. 


Complainant. 


Respondent. 

ORIGINAL    COMPLAINT. 

(By  employers.) 

.  1.  We  the  undersigned  make  this  complaint  to  your  Honorable-  Board  and 
hereby  specifically  agree  to  be  bound  by  such  recommendations  or  award  us.  your 
Honorable  Board  may  make  in  the  premises,,  in  accordance  with  the  principles 
and  procedure  of  the  Board. 

2.  Wo  hereby  complain  because: 

(State  in  narrative  form  the  grievances,  relating-  to — ) 
a.  Wages. 
I).  Hours. 
f.  Discrimination. 

d.  Violations1  of  existing  agreements:;  or  of  governmentally  fixed  wage 

scale. 

e.  Actual  or  threatened  strikes, 

f.  Coercive  measures  to  induce  employees  to  join  union,  or  to  induce  em- 

ployer to  deal  with  a  union. 


128 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 


<7.  Curtailing  maximum  production. 

h.  Any   other  violations  of  the  principles  of  the  National  War  Labor 
Board. 

3.  We  seek  the  following  relief: 

4.  We  make  the  attached  questionnaire  a  part  of  this  complaint. 


Dated 


(Complaining  employer  or  his  duly  authorized 
representatives  sign  on  above  lines.) 


(On  second  page  of  4-page 


folio.) 


Questionnaire,  accompanying  and  made  a  part  of  original  complaint  of  em- 
ployer. 

The  Board  will  take  no  action  upon  the  complaint  unless  every  question 
herein  is*  answered. 

5.  Give  name  and  address  of  all  com-     Answer. 

plainants. 

6.  How  many  employees  do  you  em- 

ploy? 

7.  What  employers'  association  do  you     Answer. 

represent,  if  any?  That  is, 
when,  where,  and  how  were  you 
authorized  to  unite  said  associa- 
tion with  you  in  this  complaint? 

8.  How  many  and  what  classes  of  em-     Answer. 

ployees  are  affected  by  this  com- 
plaint? 

9.  State  just  how  the  business  affects     Answer. 

the  conduct  of  the  war. 

10.  Have  you  a  contract  with  your  em-     Answer. 

ployees? 

11.  If  so,  attach  a  copy  of  such  con-     Answer. 

tract  or  contracts  to  this  com- 
plaint. 

12.  Have   your    grievances   been    pre-     Answer. 

sen  ted  to  the  employees? 

13.  If  so,  when  and  how?  Answer. 

14.  WThat  steps-  have  been  taken  to  ad-      Answer. 

just  the  grievances  complained 
of? 

15.  What    was    the    result?  Answer. 

16.  Do   you   know    that    the   National     Answer. 

War  Labor  Board  will  refuse  to 
take  jurisdiction  of  any  contro- 
versy where  there  is  by  agree- 
ment or  Federal  law  a  means  of 
settlement  which  has  not  been, 
invoked? 

17.  Name  and  address  of  the  respond-     Answer. 

enta 

In  witness  whereof,  we.  the  signers  of  the  foregoing  complaint,  state  that  the 
facts  in  said  complaint  and  questionnaire  set  forth  are  true  to  the  best  of  our 
knowledge  and  belief. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  129 

FORM  OF  COMPLAINT  AGAINST  EMPLOYERS. 

Every  complaint  filed  by  employees  against  employers,  or  by  a  union  in  cases 
where  a  union  may  be  the  complainant,  shall  be  in  the  following  form  : 
U-NITED  STATES  OF  AMERICA. 

NATIONAL  WAR  LABOR  BOARD. 


Complainant. 

No. 


Respondent. 
ORIGINAL  COMPLAINT. 

(By  employees.) 

1.  We,  the  undersigned,  being  at  least  three  employees  or  recent  employees  of 
"the  respondent,  on  behalf  of  ourselves  and  all  others  similarly  situated  and  hav- 
ing like  grievances,  make  this  complaint  to  your  Honorable  Board,  and  we 
hereby  specifically  agree  to  be  bound  by  such  recommendations  or  award  as  your 
Honorable  Board  may  make  in  the  premises,  in  accordance"  with  the  principles 
and  procedure  of  the  Board. 

2.  We  hereby  complain  because : 

(State  in  narrative  form  the  grievances  relating  to — ) 

a.  Wages. 

&.  Hours. 

c.  Discrimination. 

d.  Violations  of  existing  agreements. 

e.  Actual  or  threatened  lockout. 

f.  Collective  bargaining. 
(/.  Working  conditions. 

h.  Any  other  violations  of  the  principles  of  the  National  War  Labor  Board. 

3.  We  seek  the  following  relief : 

4.  We  make  the  attached  questionnaire  a  part  of  this  complaint. 

Signed  at ,  State  of ,  on  the day  of ,  19 — 


(Complaining  employees  or  their  duly  authorized 
representatives  sign  on  above  lines.) 

(On  second  page  of  4-page  folio.) 

Questionnaire,  accompanying  and  made  a  part  of  original  complaint  of 
employees. 

(The  Board  will  take  no  action  upon  the  complaint  unless  every  question 
herein  is  answered.  If  you  can  "hot  answer  definitely,  say  "  I  don't  know.") 

121338°— 20 9 


130 


REPORT  SECRETARY  NATIONAL  WAR  LABOR   BOARD. 


/Male. 
1  Female. 


5.  Give   names  and   addresses  of  all     Answer. 

complainants. 

6.  State    occupation    and    length    of 

.service  of  each  complainant. 

7.  How  many  employees  do  you  rep-     Answer. 

resent  ? 

8.  By  what  authority  do  you  repre-      Answer. 

sent  them ;  that  is,  when,  where, 
and  how  were  you  appointed? 

9.  How    many    and    what    classes    of      Answer. 

employees  are  affected? 

10.  State   just    how    the    business    af-      Answer. 

fects  the  conduct  of  the  war. 

11.  Have  you  a  contract  with  your  em-      Answer. 

ployer? 

12.  If  so,  attach  a  copy  of  such  con- 

tract or  contracts  to  this  com- 
plaint. 

13.  Have  your  grievances  and  requests      Answer. 

been  presented  to  the  employer? 

14.  If  so,  when  and  how?  Answer. 

15.  What  steps  have  been  taken  to  ad-      Ans\ver. 

just  the  grievances  complained 
of? 

16.  What  was  the  result?  Answer. 

17.  From  what  date  do  you  ask  that     Answer. 

the  decision  of  the  Board  take 
effect,  and  why? 

18.  Do   you   know   that   the    National     Answer. 

War  Labor  Board  will  refuse  to 
take  jurisdiction  of  any  contro- 
versy where  there  is  by  agree- 
ment or  Federal  law  a  means  of 
settlement  which  has  not  been 
invoked  ? 

19.  Name  and  address  of  the  employer.     Answer. 

In  witness  whereof  we,  the  signers  of  the  foregoing  complaint,  state  that 
the  facts  in  said  complaint  and  questionnaire  set  forth  are  true  to  the  best 
of  our  knowledge  and  belief. 


,.  IMPERFECT  COMPLAINT. 

Communication  seeking  settlement  of  industrial  disputes  by  the 
Board  which  do  not  substantially  comply  with  the  forms  herein- 
before set  forth  shall  be  returned  by  the  Director  of  Procedure  to 
those  signing  them.  He  shall  inclose  a  blank  form  of  formal  com- 
plaint, a  copy  of  these  Rules  of  Procedure^  a  copy  of  the  principles 
of  the  Board,  and  a  copy  of  the  President's  proclamation. 

COMPLAINTS  IN  CASES  OF  REFERENCES  OF  DISPUTES  TO  BOARD  BY  THE  SECRE- 
TARY OF  LABOR  OR  OTHER  DEPARTMENT  OF  THE  GOVERNMENT. 

When  an  alleged  controversy  is  referred  to  the  Board  by  the  Sec- 
retary of  Labor,  or  other  governmental  department  or  Federal  ad- 


REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  131 

justment  agency,  the  Director  of  Procedure  shall  require  a  formal 
complaint  to  be  filed  as  herein  provided,  and  the  case  shall  then 
proceed  as  though  the  complaint  had  originally  been  made  to  the 
Board. 

COMPLAINTS  IN  JOINT  SUBMISSIONS. 

In  cases  of  joint  submission,  including  those  referred  from  other 
departments  or  Federal  adjustment  agencies,  complaints  must  be 
filed  as  in  other  cases  by  one  of  the  parties  against  the  other,  for  the 
purpose  of  setting  out  clearly  and  succinctly  the  issues  in  dispute. 
The  Director  of  Procedure  may  presume  in  such  cases,  in  the  absence 
of  information  to  the  contrary,  that  the  original  complaining  parties 
are  the  employees  and  notify  them  to  file  a  complaint  in  the  proper 
form. 

APPEALS  FROM  AWARDS   OF   OTHER   GOVERNMENT  BOARDS. 

In  cases  where  appeals  from  department  adjustments  and  arbi- 
trations are  within  the  jurisdiction  of  the  Board,  or  are  brought 
within  it  by  reference  from  the  head  of  any  department,  the  officer 
or  tribunal  from  whose  decision  appeal  is  taken  shall  prepare  the 
record  of  the  hearing  before  him,  including  all  the  evidence  con- 
sidered by  him  and  the  statements  of  claim  by  the  parties,  together 
with  his  award  and  his  reasons  therefor,  and  transmit  the  same  to 
the  Secretary  of  the  Board,  together  with  the  letter  of  reference  by 
the  head  of  department,  if  any.  The  Director  of  Procedure  shall 
place  the  appeal  as  a  case  upon  the  docket  under  its  proper  number 
and  file  the  record,  award,  and  reference  in  its  appropriate  place, 
entitling  the  same  with  the  names  of  the  parties  complainant  and 

respondent  and  marking  the  same  "  Appeal  from -  Dept."  In 

case  of  appeals  no  formal  complaint  on  the  appeal  by  either  party 
need  be  filed. 

As  soon  as  the  appeal  is  filed,  a  notice  should  issue  by  registered 
mail  to  all  parties  advising  them  of  the  pendency  of  the  appeal,  and 
that  they  must  be  ready  for  a  hearing  before  the  Board,  or  a  Section 
thereof,  at  a  day  fixed  at  least  seven  days  after  the  sending  of  such 
notice.  In  cases  of  emergency  the  Board,  or  the  Standing  Commit- 
tee, may  direct  the  Secretary  to  notify  the  parties  by  telegram  to 
appear  sooner,  if  practicable. 

NOTICE  OF  ISSUE. 

Upon  every  complaint  filed  in  form  as  herein  prescribed,  a  notice 
shall  issue  informing  the  respondent  that  the  complainants  have 
filed  a  complaint  against  him,  with  a  copy  of  the  complaint,  copy  of 
these  rules  of  procedure,  copy  of  the  President's  proclamation,  and 
blank  form  for  his  answer,  inclosed.  The  notice  shall  direct  him 
to  file  an  answer  within  seven  days  after  service,  and  shall  be  in 
form  approved  by  the  Board. 


132  BEPOKT   SECRETARY   NATIONAL   WAR   LABOR    BOABD. 

FORM   OF  NOTICE. 

The   form   of  the  notice   which   is   hereby   approved  shall  be 
follows : 

UNITED  STATES  OF  AMERICA. 

NATIONAL    WAK    LABOR    BOAJJD. 


Docket  No. 
To. 


Respondent. 

You  are  hereby  notified  that has  filed  a  complaint  against  you,  a  copy 

of  which  is  hereto  attached. 

Your  answer  upon  the  inclosed  form  should  be  filed  within  seven  days  from 
receipt  hereof.  In  case  of  your  failure  to  file  an  answer,  the  Board  may,  as 
a  board  of  mediation,  in  accordance  with  its  rules  of  procedure,  set  a  date 
for  hearing,  make  its  findings  and  decisions  as  to  what  in  its  judgment  is  a 
fair  and  equitable  adjustment  of  the  dispute. 

DONE  UNDEE  AND  BY  AUTHORITY  of  the  proclamation  of  the  President  of  the 
United  States  of  America,  duly  issued  the  eighth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  nine  hundred  and  eighteen. 

WITNESS  THE  HANDS  of  the  Joint  Chairmen  of  said  National  War  Labor- 
Board  at  the  City  of  Washington,  D.  C.,  this day  of A.  D. 

191__ 

WM.   H.    TAFT, 
BASIL   M.   MANLY, 
Joint  CJiairmen. 

Countersigned : 

Service  accepted  this day  of 191— 

SERVICE  OF  NOTICE. 

The  service  of  notice  may  be  made  by  mailing  it  by  registered  mail, 
with  a  copy  of  the  complaint,  blank  for  answer,  copy  of  proclamation 
of  the  President  of  April  8,  1918,  and  copy  of  Rules  of  Procedure  of 
Board,  to  the  post-office  address  of  the  respondents  as  given  in  the 
complaint,  and  the  register  receipt  shall  be  retained  in  the  office  of 
the  Secretary  and  filed  with  .papers  as  evidence  of  proper  service. 
Where  service  should  be  made  with  greater  dispatch,  an  examiner 
or  any  other  employee  of  the  Board  may  serve  the  same  upon  the 
respondents.  A  return  by  him  of  such  service,  at  the  usual  place  of 
business  or  residence  of  the  respondents,  or  upon  them  personally,  shall 
constitute  a  sufficient  service,  and  shall  be  evidenced  by  the  certificate  of 
the  server,  signed  by  him  with  his  official  designation.  A  service  may 
be  made  by  any  notary  public,  by  a  sheriff  or  marshal  or  his  deputies, 
who  shall  make  a  due  return  of  such  service.  If  the  respondent  will 
accept  service  in  writing,  this  shall  dispense  with  the  necessity  of 
further  proof,  and  the  written  acceptance  shall  be  filed  with  the 
papers  in  the  case  and  noted  on  the  docket. 

Every  return  of  service  shall  state  the  day  and  hour  of  service,  and 
if  the  service  is  not  personal,  the  place  at  which  a  copy  of  the  notice 
and  copy  of  the  complaint  were  left. 


REPORT   SECRETARY   NATIONAL   WAR  LABOR  BOARD.  133 

NOTICE    AND    SERVICE    IN    CASES    OF    JOINT    SUBMISSION    AND    REFERENCES    TO 

DEPARTMENTS. 

As  already  indicated,  complaints  must  be  filed  in  cases  of  joint  sub- 
mission and  in  cases  referred  to  the  Board  by  governmental  depart- 
ments, or  Federal  adjustment  agencies,  and  upon  such  complaints 
notice  shall  issue  and  be  served  as  in  other  cases. 

ANSWERS. 

A  respondent  dulv  served  or  waiving  service  as  above  shall  answer 
the  complaint  within  seven  days  after  receiving  the  same,  by  mail- 
ing within  this  time  an  answer  conforming  to  the  following  form : 

UNITED  STATES  OF  AMERICA. 
NATIONAL  WAR  LABOR  BOABD. 


Complainant. 


No. 


Dated- 
Respondent. 

RESPONDENT'S  ANSWER. 

Now  comes  the  despondent  named  in  the  above-entitled  case  and  answering 
the  complaint,  says  : 

A. 

The  respondent         S        that  the  National  War  Labor  Board  has  jurisdic- 


tion over  the  matters  set  forth  in  the  complaint.      (If  jurisdiction  is  denied, 
state  reasons  why.) 


The  respondent  {JemesJ  that  the  business  done  at  the  Plant  affects  the  con- 
duct of  the  war. 

C. 

The  respondent  answers  to  the  merits  of  the  various  allegations  set  forth  in 
the  complaint,  and  questionnaire,  admitting  or  denying  the  same  seriatim, 
as  .follows : 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 

Etc 


The  respondent  sets  forth  new  matter  of  defense,  as  follows: 


134  REPORT   SECRETARY  NATIONAL,  WAR  LABOR  BOARD. 

E. 

The  respondent  submits  this  controversy  to  the  National  War  Labor  Board 
as  an  arbitrator,  in  accordance  with  its  principles  and  procedure,  and  hereby 
agrees  to  be  bound  by  its  award  on  the  following  issues :  , 

Respectfully  submitted. 


(Duly  authorized  agent  sign  above.) 
EFFECT  OF  FAILURE  TO  ANSWER. 

Should  the  respondent  file  no  answer,  or  should  he  decline  to  accept 
arbitration  by  the  Board  upon  one  or  more  issues  raised,  the  case 
shall  proceed  and  a  hearing  be  had  upon  the  evidence  of  the  com- 
plainant only,  if  the  respondent  does  not  choose  to  produce  evidence 
on  his  behalf,  or  upon  the  evidence  introduced  by  both  sides.  The 
mere  producing  of  evidence  by  a  respondent  on  the  issues  shall  not 
be  regarded  as  a  submission  to  arbitration  by  the  Board. 

NOTICE  OF  HEARINGS. 

All  parties  shall  be  given  at  least  seven  days'  notice  of  the  time 
and  place  of  any  hearing.  The  person  serving  or  giving  such  notice 
shall  make  return  in  writing  of  the  method  of  notification. 

HEARINGS. 

At  all  hearings  before  the  full  Board,  before  a  Section  of  the 
Board,  or  before  examiners  appointed  to  hear  the  case,  evidence  may 
be  introduced  by  oral  testimony  of  witnesses  or  by  depositions. 
Should  the  Board,  Section,  or  examiners  deem  cross-examination 
necessary  in  case  of  deposition,  the  deponent  should  be  summoned 
for  the  purpose  and  the  deposition  not  considered  as  evidence  until 
such  cross-examination  has  been  had.  All  testimony  of  witnesses 
shall  be  taken  under  oath  or  affirmation.  Examiners,  Sections  of 
the  Board,  and  the  full  Board  shall  have  power  to  administer  such 
oaths  or  affirmation. 

HEARINGS  BY  EXAMINERS. 

The  hearing  by  the  examiner  shall  be  conducted  in  accordance 
with  the  proper  course  of  judicial  proceedings.  The  evidence  for 
the  complainant  shall  be  presented,  then  the  evidence  for  the  re- 

rndent,  and  then  the  evidence,  if  any,  in  rebuttal.  The  examiner 
11  follow  as  near  as  may  be  the  rules  of  evidence  prevailing  in 
common-law  courts,  with  such  departures  therefrom  as  in  his  dis- 
cretion may  seem  to  be  necessary7  in  the  cause  of  speedy  justice. 
The  examiner  shall  require  witnesses  to  confine  their  testimony  to 
statements  of  facts  within  their  personal  knowledge.  The  examiner 
may  exercise  the  authority  to  exclude  evidence  palpably  incompetent 
or  irrelevant  to  the  issue.  But  the  party  aggrieved  by  such  ruling 
may  save  his  exceptions  to  such  exclusion  of  evidence  or  other  ruling 
by  the  examiner  by  a  writing  filed  with  the  examiner.  Should  the 
examiner  deem  the  evidence  of  any  person  necessary  who  is  not 
called  by  either  party,  he  may  summon  such  person, 'examine  him, 
and  permit  cross-examination. 


KEPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.      135 
CONTINUANCES. 

The  hearing,  due  notice  of  which  has  been  given  both  sides,  shall 
proceed  until  the  case  is  closed.  Should  either  party  desire  a  con- 
tinuance on  the  ground  of  inability  to  produce  witnesses,  and  make 
a  showing  of  due  diligence,  it  shall  be  within  the  discretion  of  the 
examiner  to  grant  such  time  as  may  be  reasonably  necessary  to  pro- 
cure the  evidence.  It  is  of  the  utmost  importance,  however,  that 
cases  brought  before  the  National  War  Labor  Board  should  be 
promptly  decided,  and  therefore  this  discretion  to  continue  cases  or 
hearings  should  be  sparingly  exercised.  When  the  evidence  has 
been  all  submitted,  the  examiner  shall  hear  argument,  and,  if  desired 
by  the  parties,  may  fix  a  time  in  which  to  submit  briefs. 

REPORT   OF   THE   EXAMINER. 

Upon  the  conclusion  of  the  hearing  before  him  the  examiner  shall 
make  a  digest  of  the  evidence  and  submit  the  same  forthwith,  but 
without  making  any  findings  or  conclusions,  to  the  Section  or  Board 
as  the  case  may  be.  He  shall  attach  thereto  a  copy  of  the  complaint, 
proof  of  service,  joint  submission,  answer,  and  a  full  transcript  of  the 
evidence,  arguments,  and  exceptions  taken  to  his  ruling  in  order  that 
the  Section  or  Board  considering  the  case  may  have  the  entire  record 
before  it. 

ACTION  UPON  EXCEPTIONS  TO   EXAMINER'S  RULINGS. 

In  cases  where  exceptions  have  been  taken  to  the  examiner's 
rulings,  the  Section  or  Board  may  in  its  discretion  grant  a  hearing 
upon  said  exceptions  and  act  thereon. 

ACTION  BY  THE  SECTION. 

If  the  form  of  the  submission  shall  be  to  the  members  of  the 
Section  as  arbitrators  to  make  a  final  award,  the  Section,  if  the 
members  are  in  agreement,  shall  proceed  to  make  such  an  award 
without  reference  to  the  Board.  The  administration  of  such  awards 
shall  be  the  same  as  in  awards  of  the  full  Board.  When  a  case  has 
been  assigned  to  a  Section  and  the  parties  in  interest  shall  have 
agreed  that  the  decision  of  the  Section  shall  be  the  decision  in  the 
case,  then  the  Section  shall  proceed  and  make  its  findings,  and  if  the 
Section  can  not  agree  the  case  shall  go  to  the  full  Board. 

REPORT  OF  THE  SECTION. 

In  all  other  cases  submitted  to  a  Section  and  in  which  they  have 
reached  an  agreement,  a  report  shall  be  made  of  their  findings  and 
conclusion  to  the  Board  for  its  action. 

ACTION  OF  THE  BOARD. 

Upon  the  presentation  of  a  report  by  a  Section  the  Board  shall 
consider  the  same  and  approve  or  reject  it. 

DISAGREEMENT  OF  MEMBERS  OF  THE  SECTION. 

If  the  members  of  the  Section  can  not  agree  upon  a  report,  each 
shall  make  his  individual  report  and  the  Board  shall  consider  the 
case  on  both  reports  and  take  such  action  as  it  may  deem  wise. 


136  REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD. 

DIFFERENCE  OF  OPINION  IN  THE  BOARD. 

In  cases  in  which  the  parties  have  submitted  to  the  full  jurisdic- 
tion of  the  Board  and  the  Board  is  not  unanimous  in  its  findings  and 
conclusions  as  to  a  just  award,  the  name  of  an  umpire  shall  be 
agreed  upon  by  unanimous  vote,  or  failing  that,  shall  be  drawn  by 
lot  from  a  list  of  names  furnished  by  the  President  to  the  Board 
in  accord  with  the  rules  of  procedure  approved  by  the  President  in 
his  proclamation  of  April  8,  1918. 

In  cases  in  which  the  parties  defendant  do  not  submit  to  the  full 
jurisdiction  of  the  Board,  or  to  its  jurisdiction  to  "make  an  award, 
the  principles  of  the  procedure  .of  the  Board  do  not  require  an 
umpire  and  in  such  a  case  the  action  of  the  Board  shall  be  deter- 
mined by  a  majority  vote  and  the  recommendation  of  the  Board 
made  accordingly.  The  finding  and  recommendation  shall  be  pub- 
lished with  such  a  dissent  of  the  minority  as  may  be  presented  to 
the  Board.  In  case  the  Board  divides  evenly,  the  case  sh,all  stand 
as  undecided. 

AWARDS. 

• 

The  Section  shall  report  in  full  the  form  of  the  award  which  it 
recommends  for  adoption.  If  it  shall  seem  to  the  Section  that  the 
evidence  before  it  is  not  sufficiently  specific  to  enable  it  to  dispose  of 
all  the  issues,  it  may  dispose  of  part  and  postpone  the  rest  for  a 
further  action. 

An  award  may  provide  for  the  appointment  of  an  administrator, 
when  it  covers  the  settlement  of  complicated  matters,  and  if  it  does 
provide  for  such  administrator  he  is  authorized  to  interpret  and 
apply  the  award  as  between  the  parties  when  they  disagree  as  to  its 
meaning  and  application. 

ADMINISTRATORS'   RULINGS   AND  APPEALS   THEREFROM. 

Administrators  authorized  to  interpret  and  apply  the  award  shall 
make  their  decisions  in  writing  and  serve  copies  thereof  on  the 
parties.  Should  either  party  feel  aggrieved  by  the  Administrator's 
decision,  he  may  appeal  to  the  Board,  and  the  appeal  shall  be  heard 
by  the  Section  which  acted  in  the  case,  and  the  decision  of  the  Sec- 
tion on  such  appeal  shall  be  reported  to  and  acted  upon  by  the 
Board.  Pending  the  appeal  from  the  decision  of  the  Administrator, 
his  decision  shall  be  enforced,  except  in  cases  where  it  involves  di- 
rectly or  indirectly  the  payment  of  wages.  In  such  cases,  the  filing 
of  the  appeal  with  the  Administrator  or  Board  shall  operate  as  a 
stay.  The  Administrator  shall  prepare  the  record  for  appeal  in 
such  cases  with  the  utmost  dispatch  and  forward  it  to  the  Chief 
Administrator  for  immediate  submission  to  the  Section  which  acted 
in  the  case.  The  appeal  shall  be  heard  by  the  Section  as  soon  as 
possible. 

REHEARINGS. 

A  motion  to  the  Board  for  a  rehearing  must  be  made  within  30 
days  after  the  recommendation  or  the  award  and  service  of  notice 
upon  the  parties.  The  motion  for  rehearing  shall  set  out  the  grounds 
for  the  same  specifically  and  may  be  granted  either  because  the  award 


REPORT   SECRETARY   NATIONAL   WAR   LABOR  BOARD.  137 

was  beyond  the  jurisdiction  of  the  Board,  or  because  of  a  palpable 
mistake  in  the  finding  of  fact,  or  in  the  application  of  the  principles 
of  the  Board,  or  because  of  newly-discovered  evidence  which  might 
change  the  decision  of  the  Board.  On  motion  for  a  rehearing  the 
parties  may  not,  as  a  matter  of  course,  have  an  oral  hearing.  The 
party  moving  the  rehearing  shall  file  a  brief  with  his  motion  setting 
forth,  with  reasonable  elaboration,  the  reasons  relied  upon.  If  the 
motion  is  based  on  newly-discovered  evidence,  it  must  appear  that 
the  evidence  is  not  merely  cumulative  and  that  the  party  seeking 
the  rehearing  could  not  have  produced  the  evidence  by  the  exercise 
of  due  diligence  at  the  time  of  the  original  hearing. 

NOTICE  OF  AWARDS  AND  RECOMMENDATIONS. 

Immediately  upon  the  making  of  awards  or  final  recommendations, 
they  shall  be  copied  and  a  copy  certified  by  the  Secretary  shall  be 
sent  by  registered  mail  to  each  of  the  parties  and  the  receipt  therefor 
shall  be  filed  with  the  papers  and  noted  on  the  docket. 

PROCEEDINGS   BEFORE   AN   UMPIRE. 

The  Umpire  shall  be  notified  of  his  selection  and  a  time  fixed  for 
his  hearing. 

In  proceedings  before  Umpires,  the  presentations  shall  be  limited 
as  follows: 

Each  side  shall  delegate  not  more  than  two  members  to  present  the 
case  to  the  Umpire,  and  each  side  shall  be  limited  in  its  oral  presen- 
tation to  one  hour.  The  Umpire,  however,  may  extend  the  time  of 
hearing  if  in  his  judgment  a  longer  time  is  required  to  make  him 
fully  familiar  with  the  case. 

ACTION  UPON  DECISION  OF  UMPIRE. 

The  decision  of  the  Umpire  shall  bo  regarded  as  the  award  of  the 
Board,  and  notice  of  it  served  upon  the  parties  as  in  other  cases. 
The  decision  of  the  Umpire  shall  be  made  public  only  after  it  has 
been  read  and  certified  to  by  the  Standing  Committee  or  by  the 
Board  in  full  session. 

NOTE. — The  above  procedure  may  be  changed  from  time  to  time 
by  a  majority  vote  of  the  Board.— -Approved  January  30,  1919. 


APPENDIX  IV 


ORGANIZATION  AND  PRACTICE  OF  THE  BOARD  AS  ADOPTED 
AND  AMENDED  TO  DECEMBER  10,  1918 


139 


ORGANIZATION  AND  PRACTICE  OF  THE  BOARD. 

BOARD  MEETINGS. 

Meetings  of  the  board  will  be  held  on  every  other  Tuesday  at  Wash- 
ington, and  at  such  other  times  and  places  as  the  board  shall  deter- 
mine. The  sessions  of  the  board  shall,  unless  otherwise  ordered,  be 
held  at  10  a.  m.,  at  its  office  in  the  Southern  Building,  and  be  con- 
tinued until  pending  business  is  disposed  of.  At  such  meetings  the 
presence  of  three  employer  members,  three  employee  members,  and  at 
least  one  joint  chairman  shall  constitute  a  quorum. 

ORDER  OF  BUSINESS. 

The  order  of  business  at  regular  meetings  of  the  board  in  executive 
session  shall  be  as  follows : 

1.  Reading  of  the  minutes  of  the  board  and  of  the  standing 

committee. 

2.  Report  of  the  secretary. 

3.  Report  of  the  auditor. 

4.  Miscellaneous  business  brought  up  by  any  member  of  the 

board. 

5.  Calling  of  the  unassigned  docket  for  the  assignment  of  cases 

to  sections. 

6.  Calling  of  the  docket  of  cases  submitted  to  sections  ready  for 

report  and  the  formulation  and  approval  of  conclusions 
and  awards. 

In  cases  where  the  members  of  the  section  have  not  agreed,  and 
one  member  of  the  section  has  his  report  ready  and  the  other  has  not, 
the  board  shall  fix  an  early  day  for  the  presentation  of  his  report; 
and  if  on  that  day  he  does  not  report,  the  case  shall  be  submitted  to 
the  board  on  the  report  of  the  one  member  and  be  open  for  discus- 
sion and  decision  of  the  board,  unless  for  good  cause  the  board  by 
a  majority  vote  postpones  the  discussion  to  a  later  day. 

The  board  shall  receive  from  the  secretary,  and  if  approved  shall 
confirm,  the  appointment  of  all  officers  heads  of  departments  and  di- 
visions and  other  employees  above  the  rank  of  clerks  and  stenogra- 
phers and  the  like,  and  approve  the  salaries  as  reported  by  him. 

OPEN  HEARINGS  OF  THE  BOARD. 

The  board  shall  hold  public  hearings  during  the  weeks  of  its  regular 
sessions.  At  such  hearings  it  may  hear  evidence  and  argument  of 
cases  set  down  for  hearing  by  the  full  board  and  such  applications 
for  preliminary  and  interlocutory  orders  and  the  disposition  of  such 
miscellaneous  business  as  may  properly  come  before  it. 

141 


142  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

STANDING  COMMITTEE. 

A  standing  committee  shall  be  composed  of  the  joint  chairmen,  one 
employer  member,  and  one  employee  member,  and  such  other  members 
as  may  be  present. 

Meetings  of  the  standing  committee  shall  be  held  at  Washington  at 
10  a.  m.  Tuesdays  when  the  board  does  not  meet,  and  at  such  other 
times  and  places  as  the  board  or  the  committee  may  determine.  At 
such  meetings  the  presence  of  one  employer  member,  one  employee 
member,  and  one  of  the  joint  chairmen  shall  constitute  a  quorum. 

At  meetings  of  the  standing  committee  where  a  majority  of  the 
employer  and  employee  members  are  present,  such  meeting  may  be 
considered  as  a  regular  meeting  of  the  board  and  action  taken 
accordingly. 

The  standing  committee  shall  require  general  reports  from  the 
secretary  at  regular  intervals,  showing  the  condition  of  the  docket,  a 
summary  of  the  number  of  complaints  disposed  of,  the  number  pend- 
ing, also  reports  showing  number  of  employees  of  the  board,  and  the 
total  cost  of  operations  as  hereinafter  provided.  Copies  of  general 
reports  shall  also  be  furnished  all  board  members  and  alternates. 

The  standing  committee  or  the  board  shall  determine  the  number 
of  witnesses  that  shall  be  summoned  to  appear  before  the  board,  at 
its  expense,  for  employer  and  employees,  in  each  case  to  be  heard 
before  the  full  board ;  and  the  sections  shall  do  likewise  for  hearings 
before  sections.  The  secretary  shall  direct  such  summonses  to  be 
issued  by  the  director  of  procedure. 

ORGANIZATION. 

The  organization  of  the  National  War  Labor  Board  includes  the 
standing  committee,  the  secretary,  and  the  following  separate  and 
distinct  departments  and  divisions  each  provided  with  a  chief  and 
subdivided  as  hereinafter  outlined : 

1.  Department  of  procedure: 

a)  Division  of  complaint. 

b)  Docket  division. 


c)   Division  of  public  hearings. 
d] 


(d)   Official  reporting. 

2.  Department  of  files  and  information: 

(a)  Editorial  division. 

(b)  Files  division. 

(c)  Publications  division. 

3.  Department  of  examination : 

(a)  Division  of  investigation. 

(b)  Division  of  analysis. 

4.  Department  of  administration  of  awards. 

5.  Department  of  office  management: 

(a)  Division  of  typewriting  and  stenography. 

(b)  Division  of  buildings,  equipment,  and  supplies. 

6.  Department  of  auditing  and  accounts. 

SECRETARY. 

The  secretary  of  the  board  shall  be  the  chief  executive  officer  of  the 
board,  and  the  chief  custodian  of  the  minutes  and  other  records  and 
proceedings  of  the  board. 


REPORT   SECRETARY   NATIONAL   WAR   LABOR   BOARD.  143 

He  shall  select  trained  and  experienced  persons  of  absolutely  neutral 
attitude  for  the  chiefs  of  departments  and  divisions,  and  recommend 
their  appointment  to  the  board. 

He  shall  appoint  the  subordinates  in  the  various  departments, 
having  regard  to  their  qualifications,  efficiency,  and  impartiality. 

He  shall  direct  the  correspondence  of  the  board,  and  shall  be  the 
person  to  whom  all  correspondence  with  the  board  should  be 
addressed. 

All  communications  to  the  board  shall  be  received  by  him  and 
distributed  to  the  proper  departments  and  divisions. 

All  complaints  and  informal  communications  seeking  the  remedial 
action  of  the  board,  he  shall  refer  to  the  director  of  procedure  for 
consideration  and  disposition. 

He  shall  require  a  system  of  reports  from  all  departments  and  di- 
visions as  to  the  progress  of  all  business  of  the  board,  and  shall  digest 
and  report  same  to  the  board  or  standing  committee. 

He  shall  have  direct  supervision  of  all  publicity,  which  shall  be 
limited  to  the  announcement  of  actions,  decisions,  awards,  findings, 
or  other  official  acts  of  the  board.  No  award  or  finding  of  the  board, 
section,  joint  chairman,  or  an  umpire  shall  be  made  public  until  it 
has  been  read  and  registered  as  the  action  of  the  board. 

ASSISTANTS  TO  THE  SECRETARY. 

FIRST  ASSISTANT. 

The  first  assistant  to  the  secretary  shall  receive  all  mail  and  tele- 
grams requiring  action  by  the  board.  After  conference  with  the 
secretary,  he  shall  acknowledge  all  mail  and  telegrams  and  distribute 
them  directly  to  the  department  or  division  concerned. 

SECOND  ASSISTANT. 

The  second  assistant  to  the  secretary  shall  have  charge  of  the 
minute  book,  and  shall  act  as  minute  clerk  at  all  executive  sessions 
of  the  board  or  the  standing  committee. 

He  shall  be  charged  with  the  duty  of  following  up  and  seeing  that 
all  orders  of  the  board  are  promptly  carried  out  by  the  department 
or  division  affected  thereby. 

He  shall  receive  and  confer  in  a  preliminary  way  with  all  mem- 
bers of  the  staff  who  wish  to  confer  with  the  secretary,  and  shall 
bring  promptly  to  the  attention  of  the  secretary  any  matters  requir- 
ing his  action. 

THIRD  ASSISTANT. 

The  third  assistant  to  the  secretary  shall  have  charge  of  the  public 
information  department  of  the  board,  and  shall  receive  all  personal 
or  telephone  calls,  applicants  for  positions,  etc.  Persons  calling  to 
make  inquiries  as  to  the  work  of  the  board,  or  a*s  to  the  status  of 
cases  before  the  board,  shall  be  first  received  by  him  and  then,  if  nec- 
essary, referred  to  the  secretary  or  to  the  head  of  the  department  or 
division  who  may  be  directly  concerned. 

The  secretary  may  vary  the  duties  thus  assigned  to  his  assistants 
in  his  discretion. 


144  REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD. 

DIRECTOR  OF  PROCEDURE. 

The  director  of  procedure  shall  discharge  his  duties  under  the 
supervision  and  direction  of  the  secretary  ancj.  shall  act  for  and  with 
the  authority  of  the  secretary  in  all  matters  in  any  department  or 
division  affecting  the  procedure  and  expedition  of  cases  before  the 
board. 

He  shall  have  direct  supervision  over  the  division  of  complaints, 
docket  division,  and  public  hearings  division,  and  shall  have  such 
authority  over  all  other  divisions  and  departments  as  shall  be  neces- 
sary to  secure  complete  and  prompt  compliance  with  the  forms  and 
methods  of  procedure  herein  set  forth. 

He  shall  be  responsible  to  the  secretary,  the  standing  committee, 
and  the  bpard  for  the  method  and  form  of  procedure  in  the  conduct 
of  all  controversial  proceedings,  from  the  filing  of  the  original  com- 
plaint, the  issue  of  summons,  answer,  submission  or  default,  the 
hearings  by  examiners,  their  reports,  the  award  or  recommendation 
of  the  section  and  the  board,  motions  for  rehearing  and  stays  of 
award,  the  administration  of  the  award,  and  appeal  from  examiner's 
decisions  and  stays  thereof. 

He  shall  see  to  it  that  the  reports  of  examiners,  prepared  in  proper 
form,  shall  be  promptly  sent  to  the  members  of  the  section  to  whom 
the  case  is  assigned. 

He  shall  in  person  attend  all  meetings  of  the  full  board  and  such 
meetings  of  sections  as  may  be  directed  by  the  secretary. 

He  shall,  in  the  absence  of  the  secretary,  take  executive  charge  of 
the  court  room.  Whenever  the  board  shall  make  an  order  in  a  case,  it 
shall  be  his  duty  to  draft  the  order,  secure  the  initialing  of  the  same 
by  the  joint  chairmen,  and  hand  the  same  to  the  chief  of  the  Docket 
Division  for  notation,  who  will  in  turn  transmit  it  to  the  chief  of  the 
Files  and  Information  Department  for  proper  filing. 

He  shall  prepare  a  short  list  for  each  day's  business  of  the  board 
and  standing  committee,  showing  the  cases  that  are  ready  for  presen- 
tation and  disposition,  either  in  the  regular  call  of  cases  or  as  an 
emergency, 

COMPLAINT  DIVISION. 

The  chief  of  this  division  shall  discharge  his  duties  under  the 
supervision  and  direction  of  the  director  of  procedure. 

He  shall  have  such  assistants  as  may  be  necessary  for  the  proper 
conduct  of  the  work  of  his  division,  subject  to  the  approval  of  the 
secretary. 

He  shall  receive  from  the  secretary  all  complaints,  formal  or  in- 
formal, and  if  he  finds  that  the  controversy  set  forth  therein  should 
be  referred  to  some  other  Government  board  before  coming  before  the 
War  Labor  Board,  he  shall  refer  it  to  the  director  of  procedure,  who 
may,  after  conference  with  the  secretary,  make  such  order  of  reference. 

He  shall  be  responsible  for  the  form  and  speedy  handling  of  all  com- 
plaints coming  to  the  board,  and  shall  return  all  complaints  of  an 
informal  character,  not  complying  substantially  with  the  form  of  com- 
plaint hereinafter  set  forth,1  to  the  complainant  to  be  perfected  in 
accord  with  inclosed  directions. 

1  See  Principles  and  Procedure. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  145 

He  shall  deliver  all  proper  or  perfected  complaints  to  the  chief  of 
the  Examination  Division  for  further  proceedings  and  shall  notify 
the  Docket  Division  in  order  that  the  proper  entries  may  be  made. 

All  papers  and  documents  relating  to  informal  or  formal  com- 
plaints shall  be  stamped  with  a  time  stamp  to  show  the  date  of  receipt 
and  reference. 

DOCKET  DIVISION. 

The  head  of  the  Docket  Division,  designated  as  docket  clerk,  shall 
discharge  his  duties  under  the  supervision  and  direction  of  the  director 
of  procedure,  and  in  cooperation  with  the  chief  of  the  Files  and  In- 
formation Department  and  the  chief  of  the  Division  of  Examination. 

He  shall  keep  a  case  docket,  which  shall  show  the  filing  of  the  com- 
plaint, the  service,  the  summons,  the  return  of  the  services  or  waiver 
of  service  and  acceptance,  as  well  as  every  other  step  in  the  case  to  its 
final  disposition. 

He  shall  make  the  entries  upon  the  case  docket  to  correspond  with 
the  file  of  the  papers  in  the  case  kept  by  the  chief  of  the  Files  and  In- 
formation Department. 

He  shall  from  time  to  time  receive  from  the  director  of  procedure 
memoranda  of  the  steps  taken  in  each  case,  of  the  hearings  of  the 
board  or  section,  and  note  same  upon  his  docket,  and  then  transmit 
them  to  the  chief  of  the  Files  and  Information  Department  for  proper 
filing  with  the  papers  in  the  case. 

DIVISION  OF  PUBLIC  HEARINGS. 

The  chief  of  the  Division  of  Public  Hearings  is  to  perform  his  duties 
under  the  direction  and  supervision  of  the  director  of  procedure. 

He  shall  be  charged  with  the  duty  of  arranging  for  all  public  and 
executive  hearings  of  the  board  or  sections,  or  of  examiners'  hearings, 
after  he  has  been  advised  of  the  dates  and  places  of  hearing  by  the 
chief  of  the  Examination  Division. 

He  shall  provide  chambers  for  the  hearings,  with  necessary  equip- 
ment, and  shall,  under  orders  of  the  director  of  procedure,  act  as  court 
officer,  preserve  order,  and  attend  to  other  administrative  details  in 
connection  with  hearings. 

At  hearings  held  by  examiners  he  shall  receive  and  act  upon  in- 
structions from  the  examiner  in  charge. 

He  shall  serve  in  person  or  by  authorized  deputy  summons  and 
other  process  as  directed  by  examiners,  sections,  or  the  board,  and 
make  proper  returns  thereon,  where  this  is  practical. 

He  shall  act  as  custodian  of  all  dockets,  papers,  and  property  used 
in  connection  with  public  hearings  or  the  executive  sessions  of  the 
board,  and  shall  return  the  same  to  their  proper  custody  after  the 
hearings. 

OFFICIAL  REPORTING. 

The  chief  of  this  division  shall  be  designated  as  the  official  re- 
porter, and  shall  report  to  and  receive  instructions  from  the  director 
of  procedure.  He  shall  have  charge  of  the  reporting  of  all  public 
and  executive  meetings  of  the  board  and  of  all  hearings  before  ex- 

121338°— 20 10 


146  "REPORT   SECRETARY   NATIONAL   WAR   LABOR    BOARD. 

an  liners.     He  may  enter  into  contracts  to  secure  needed  assistance, 
such  contracts  to  be  subject  to  the  approval  of  the  director  of  pro 
cedure. 

DEPARTMENT  OF  FILES  AND  INFORMATION. 

The  chief  of  this  department  shall  be  in  responsible  charge  of  the 
filing  and  information,  and  shall  receive  instructions  from  and  report 
to  the  secretary  direct. 

He  shall  have  charge  of  the  editing  and  proof  reading  of  all  mat- 
ter to  be  printed,  and  shall  maintain  a  supply  of  printed  matter 
required  by  the  board  in  the  form  of  awards,  principles,  and  other 
approved  papers  and  documents. 

He  shall  maintain  a  mailing  list  for  the  distribution  of  printed  and 
other  matter  requested  from  the  board. 

The  awards  and  findings  of  the  board,  when  finally  approved,  shall 
be  transmitted  to  this  department  for  mimeographing  or  printing 
and  distribution  to  the  parties  interested. 

He  shall  maintain  two  separate  files,  one  a  file  of  complaints  and 
cases,  arranged  in  numerical  order,  to  be  known  as  the  "case  and 
complaint  file."  He  shall  maintain  another  file  for  all  other  com- 
munications and  correspondence  of  the  board. 

He  shall  cooperate  with  the  chief  of  the  Docket  Division  so  that 
the  chief  of  the  Docket  Division  may  have  on  the  official  docket  com- 
plete reference  to  all  the  papers  in  the  file  representing  steps  in  the 
procedure  essential  to  the  jurisdiction  of  the  board,  or  giving  a 
history  of  the  steps  in  that  procedure  to  final  award  or  recommenda- 
tion and  administration. 

DEPARTMENT  OF  EXAMINATION. 

The  chief  of  this  division  shall  discharge  his  duties  under  the 
supervision  and  direction  of  the  secretary  and  director  of  procedure, 
being  responsible  to  the  director  of  procedure  for  the  form  and 
method  of  procedure  only,  and  to  the  secretary  in  all  other  matters. 

He  shall  select  such  examiners  as  may  be  necessary  for  the  proper 
conduct  of  the  work  of  his  department,  subject  to  the  approval  of 
the  secretary. 

He  shall  receive  from  the  Division  of  Complaints  the  formal  per- 
fected complaints  and  direct  the  service  of  such  complaints  upon  the 
parties  as  hereinafter  required.1 

He  shall  designate  the  examiner  to  hear  such  complaints  when 
such  hearings  may  be  properly  appointed. 

He  shall  require  of  all  examiners  and  other  subordinates  monthly 
expense  reports,  and  after  examination  and  approval  shall  certify 
them  to  the  auditor  for  payment. 

He  shall  summon  such  witnesses  as  the  secretary  may  direct,  re- 
port their  names  and  the  docket  number  of  the  case  to  the  auditor, 
and  finally  personally  certify  their  claims  for  attendance  and  the 
expense  of  such  witnesses  to  the  auditor  for  payment. 

He  shall  examine  all  reports  and  digests  of  the  examiners  and 
present  them  to  the  director  of  procedure  for  transmission  to  the 
board  or  sections  for  consideration,  comment,  and  action. 

1  See  Principles  and  Procedure. 


REPORT  SECRETARY  NATIONAL  WAR  LABOR  BOARD.  147 

He  shall  keep  at  all  times,  available  for  ready  reference,  a  list  of 
the  assignments  to  examiners  and  a  docket  showing  the  state  of  hear- 
ings and  reports  in  each  one  of  the  pending  cases. 

He  shall  furnish  the  information  upon  which  the  director  of  pro- 
cedure may  make  up  his  short  list  for  the  hearings  of  the  board. 

He  shall  adopt  such  rules,  under  the  supervision  of  the  director 
of  procedure,  for  the  guidance  of  examiners  as  may  seem  useful  to 
him  and  may  not  be  inconsistent  with  the  rules  of  the  board. 

He  shall  see  that  examiners  are  so  scheduled  as  to  perform  the 
maximum  amount  of  investigation  with  the  least  delay  and  expense. 

He  shall  instruct  examiners  that  they  limit  their  expressions  or 
activities  in  a  given  community  to  the  details  of  the  particular  con- 
troversy under  investigation,  and  that  they  shall  conduct  themselves 
as  quasi  judicial  officers,  avoiding  scrupulously  any  discussion  with 
the  representatives  of  either  party  to  the  specific  controversy,  unless 
both  are  represented  or  are  requested  to  be  present  or  represented. 

He  shall  be  informed  by  the  director  of  procedure  of  the  appoint- 
ment of  all  sections.  He  shall  be  guided  by  any  special  instructions 
he  may  receive  from  such  < sections  jointly,  in  writing,  and  furnish 
such  information  as  his  division  may  possess  to  a  member  of  the 
board  at  any  time  upon  request. 

He  shall  require  daily  reports  of  all  examiners  showing  their 
progress. 

He  shall  receive  and  hand  to  the  docket  clerk,  for  notation  and 
entry  upon  the  docket,  all  written  submissions,  all  answers  filed  to 
complaints,  and  shall  hand  to  the  docket  clerk  for  notation  a  list  of 
all  defaults  in  the  filing  of  answers  within  the  time  prescribed  by 
the  rules. 

DEPARTMENT  OF  ADMINISTRATION  OF  AWARDS. 

The  chief  of  this  department  shall  act  under  the  supervision  of 
the  secretary  and  director  of  procedure,  who  shall  deliver  to  him  a 
copy  of  every  award.  He  shall  be  responsible  to  the  director  of 
procedure  in  so  far  as  concerns  compliance  with  the  forms  and 
methods  of  procedure  in  the  administration  of  awards,  and  directly 
to  the  secretary  in  all  other  matters. 

He  shall  select  and  recommend  to  the  secretary  administrators  of 
awards  and  other  assistants  necessary  for  the  proper  conduct  of  his 
department.  These  administrators  of  awards  shall  be  impartial  in 
the  dieharge  of  their  duties  and  maintain  a  judicial  attitude  in  their 
work. 

He  shall  be  charged  with  the  duty  of  assigning,  when  necessary, 
such  administrators  of  awards  to  apply  and  interpret  awards  of  the 
board  and  of  supervising  the  same. 

He  shall  minimize,  as  far  as  possible,  his  intervention  in  the  ap- 
plication of  the  award  as  between  the  parties,  it  being  the  policy  of 
the  board  to  encourage  the  parties  to  adjust  their  differences  under 
the  award  without  the  aid  of  the  board  or  its  examiners. 

He  shall  select  administrators  of  awards,  for  particular  assign- 
ments, whose  experience  and  abilities  are  suited  to  the  task  in  hand, 
and  shall  take  up  with  them  in  detail  the  meaning  and  application 
of  the  various  provisions  of  the  award  and  shall  give  them  written 
instructions  so  far  as  this  may  seem  desirable. 


148  REPORT  SECRETARY  NATIONAL,  WAR  LABOR  BOARD. 

The  administrators  of  awards  when  in  the  field  shall  keep  the 
chief  of  the  division  fully  informed  as  to  all  developments  and  of 
such  rulings  as  it  may  be  necessary  to  make.  These  rulings  shall  be 
submitted  in  writing  to  the  interested  parties. 

DEPARTMENT  OF  OFFICE  MANAGEMENT. 

The  chief  of  this  department  shall  discharge  his  dutievS  under 
the  supervision  of  the  secretary. 

He  shall  have  charge  of  the  following  divisions,  each  of  which 
may  be  provided  with  a  chief :  Typewriting  and  stenography :  build- 
ings, equipment,  and  supplies. 

He  shall  select  such  assistants  as  may  be  necessary  for  the  proper 
conduct  of  the  work  of  his  department,  subject  to  the  approval  of 
the  secretary. 

BUILDINGS,  EQUIPMENT,  AND  SUPPLIES  DIVISION. 

The  chief  of  this  division  shall  be  the^  custodian  of  all  buildings 
occupied  by  the  board  and  of  all  equipment  and  property  contained 
therein. 

He  shall  make  all  purchases  of  supplies  for  the  board  on  the  basis 
of  requests  approved  by  the  chiefs  of  departments  and  the  secretary 
and  shall  issue  supplies  through  requisition  approved  by  the  chiefs 
of  divisions. 

As  custodian  of  buildings  he  shall  provide  for  their  proper  main- 
tenance and  protection  by  the  appointment  of  janitors  and  watchmen. 

He  shall  also  have  charge  of  the  messenger  service  and  shall 
appoint  messengers  with  the  approval  of  the  secretary. 

STENOGRAPHY  AND  TYPEWRITING. 

The  chief  of  this  division  shall  be  charged  with  the  duty  of  main- 
taining an  adequate  force  of  stenographers  for  the  general  use  of 
the  board  and  its  staff.  These  he  shall  appoint  with  the  approval 
of  the  secretary. 

He  shall  supply  the  services  of  typewriters  and  stenographers 
upon  the  request  of  members  of  the  board  and  chiefs  of  departments 
and  divisions. 

DEPARTMENT  OF  AUDITING  AND  ACCOUNTS. 

The  auditor  shall  be  the  chief  of  this  department.  He  shall  have 
general  supervision  of  the  accounting  and  approval  of  disbursements. 
He  shall  report  to  and  receive  instructions  from  the  secretary. 

He  shall  receive  from  the  other  divisions  all  papers,  properly 
certified,  showing  receipts  and  disbursements,  or  upon  which  re- 
ceipts and  disbursements  are  made.  These  papers,  when  examined 
and  audited,  shall  be  entered  upon  his  records  of  account  and  filed 
or  properly  certified  to  the  disbursing  officer  for  payment. 

He  shall  scrutinize  all  claims  of  every  nature  and  keep  constantly 
in  touch  with  the  expenditures  of  all  divisions  and  make  prompt  re- 
port to  the  secretary  of  any  inaccuracies  or  irregularities  coming  to 
his  attention. 


BEPOBT  SECRETARY   NATIONAL  WAR  LABOR  BOABD.  149 

He  shall  not  approve  any  claim  for  expense  until  it  shall  have 
been  certified  by  the  chief  of  the  department  under  whose  direction 
the  expense  has  been  incurred. 

He  shall  require  the  claims  for  remuneration  or  expenses  of  board 
members,  alternate  members  or  their  secretaries,  to  be  similarly  certi- 
fied by  such  members  or  alternates. 

He  shall  distribute  the  disbursements  as  far  as  practicable  to  their 
proper  and  respective  docket  numbers,  so  that  he  can  render  to  the 
secretary  monthly  reports  showing  the  total  cost  to  the  Government 
of  each  docks  number,  for  salaries,  traveling  expenses  of  the  staff 
or  witnesses,  and  other  similar  necessary  disbursements. 

He  shall  prepare  comprehensive  reports,  giving  a  summary  of  the 
total  cost  of  the  board's  operation  at  such  intervals  and  in  such  detail 
as  the  secretary  may  direct.  » 

o 


FOURTEEN  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 


This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


OCT  2  2  196 


01984 
NOV  2  2  1984 

. — 

RECD  IN 


General  Library 

University  of  California 

Berkeley 


LD  21-100m-2,'55 
(B139s22)476 


YC  34919 


